United States v. Chester Lee Durbin

STEPHENSON, Circuit Judge.

Chester L. Durbin appeals from the district court’s 1 enhancement of his sentence. The exclusive issue raised in this appeal is whether the Constitution proscribes the imposition of a more harsh sentence upon re-sentencing when there has been neither a new trial nor a reconviction. Because we conclude that the imposition of a more severe punishment under such circumstances constitutes a violation of the Fifth Amendment prohibition of double jeopardy, we reverse.

Appellant pled guilty on August 23,1965, to participating in a robbery, with two other individuals, of the…