How has the Court considered the argument that a defendant has a constitutional right not to be punished on appeal?

As the Government concedes in its brief on the merits of the appeal, we have considered and rejected this position in the recent decision in United States v. Chick, 61 F.3d 682, 684-86 (9th Cir.1995). As we noted in Chick, if a defendant who has once been punished is subsequently tried and convicted, and punishment is imposed, then the constitutional right not to be doubly punished is lost, even if vindicated on appeal. The only way to avoid this result is to allow an appeal before trial. Id. at 685.