United States v. Leonardo Olivares-Martinez

ROBERT MADDEN HILL, Circuit Judge:

Appellant, Leonardo Olivares-Martinez appeals from the district court’s order denying his Motion to Correct Illegal Sentence. The district court had reinstated Olivares-Martinez’ previously probated sentence consecutively, rather than concurrently, to the sentence imposed on the conviction that caused his probation to be revoked. On appeal Olivares-Martinez asserts that in doing so the district court exceeded its sentencing authority under 18 U.S.C. § 3653; “increased” his sentence in violation of the Fifth Amendment prohibition against double jeopardy; and…