United States Tenth Circuit

Resentenced defendant, after a successful challenge to the legality of the prior jail sentence, may not claim a Double Jeopardy violation on resentencing because he may not legitimately expect finality in previous, illegal sentence.

Appellate Information

• Decided 02/26/2001
• Published 02/26/2001

Judges

• EBEL, Circuit Judge., Before EBEL, PORFILIO, and LUCERO, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Alonzo J. Padilla, Assistant Federal Public Defender, Albuquerque, NM, for Petitioner-Appellant.


• For Appellees:
  
• William McEuen, Assistant Attorney General, Santa Fe, NM, for Respondent-Appellee.