Double Jeopary

Los Angeles, CA Viewed 390 times. Posted about 1 year ago in Federal Crime

I was sentence in Federal Court to 21 months, and one year supervise release, the goverment appealed , the 9th circuit remand, I had served the prison portion of my sentence, the 10th month of my supervised release the probation officer requested the court to terminate me the court did even tho there was a remand. After the termination, I was resentence to ten years, and the one year supervised release that I had already served. This month December 2007 the probation officer told me that the termination was in my files and he had never heard of it in fifteen year as an officer.. Delories Jackson 818-307-4614 justiceforjackson@yahoo.com - Is this your question? Add additional information

Answers (3)

Craig Edward Kennedy

This attorney is licensed in Washington. Posted about 1 year ago.

From what I'm getting from your narrative, you chose to serve your sentence pending appeal. Or, that the the Judge in the Central District chose to have you start serving your time, including the supervised release portion of your sentence. And I assume without objection from defense counsel. Once on Appeal, the remand involved re-sentencing.

It does seem dubious you have a 5th Amendment [Double Jeopardy] claim to make upon appeal or on re-argument to the trial court, since you chose to serve the time in advance. But without details about the case, it's going to be very difficult for you to get a detailed answer -especially here on Avvo - about your options going forward. It might be best for you to post the citation of the appeal decision from the Federal 9th Circuit Court of Appeals. That way, other lawyers can take a look at the decision and give you a better idea.

Especially lawyers that practice in Federal Courts in the Central District of California.

The best advice will come from your local counsel who is familiar with your case and the court system you are involved it. Make that your first stop.

I hope this helps.

Alexander Thomas Henderson

This attorney is licensed in California. Posted about 1 year ago.

There is no question in your question so its hard to respond but I will assume you are asking the following: Does the fact that you served a 21 month prison sentence and were then released constitute a bar to being re-sentenced on remand? The answer is "no" if the 9th Circuit remanded your case to the district court for re-sentencing after finding that the district court erred in sentencing you to 21 months. You would get the credit for the 21 months as against your 10 years but the Constitutional prohibition against double jeopardy is not implicated.