United States Fourth Circuit

The Double Jeopardy Clause does not bar imposition of a sentence greater than that which was originally imposed when a defendant, who has succeeded in getting his first conviction vacated, is convicted on retrial by a different magistrate judge.

Appellate Information

• Argued 01/24/2002
• Decided 05/28/2002
• Published 05/28/2002

Judges

• Before WILKINSON, Chief Judge, and LUTTIG and MICHAEL, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Booth Marcus Ripke, Fred Warren Bennett, Bennett & Nathans, L.L.P., Greenbelt, Maryland, for Defendant-Appellant.  Hollis Raphael Weisman, Assistant United States Attorney, Greenbelt, Maryland, for Plaintiff-Appellee.   ON BRIEF:  Thomas M. DiBiagio, United States Attorney, Greenbelt, Maryland, for Plaintiff-Appellee.