Resentencing Defendants and the Protection against Multiple Punishment

Abstract

It has been said that trouble seldom comes singly for the criminal defendant.' At trial she is often faced with a number of separate criminal charges. When such a defendant is convicted and sentenced, an appeal may result in the reversal of some but not all of the counts. The sentences attached to the reversed counts necessarily fall as well. Under these circumstances, the Courts of Appeals for the Second, Third, Sixth, and Seventh Circuits have held that the constitutional guarantee against double jeopardy2 does not preclude vacating the sentences on the remaining counts and remanding the case to the trial court for resentencing-expressly allowing for an increase of the sentences on the affirmed counts.3 Thus, in United States v.