What is the effect of the Double Jeopardy Clause on the sentencing of a defendant who is convicted of a felony murder?

Two policies served by the Double Jeopardy Clause are relevant: prevention of multiple punishments for one offense, and protection from harassment and from the physical, psychological, and financial burdens of multiple prosecutions. See Howard v. United States, 372 F.2d 294, 299 & n. 10 (9th Cir.), cert. denied, 388 U.S. 915, 87 S.Ct. 2129, 18 L.Ed.2d 1356 (1967). We must balance against them the societal interest in imposing just punishment on the guilty. Id.

Because Stearns has been punished already for the theft of the Sea Wind, her interest in avoiding multiple punishments must be considered. The government concedes that she should not be punished for the underlying theft as well as for felony murder. See Whalen v. United States, 445 U.S. 684, 100 S.Ct. 1432, 63 L.Ed.2d 715 (1980). Multiple punishment will be avoided, however, provided she receives credit for the time already served for theft, if she is sentenced for murder. Cf. North Carolina v. Pearce, 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656 (1969) (in imposing new sentence on reconviction, must give credit for punishment already served for same offense).