United States v. Carl P. Fogel

BORK, Circuit Judge:

Appellant, Carl P. Fogel, raises two issues on appeal from the district court’s order on resentencing. First, appellant argues that the district court violated the Constitution’s double jeopardy clause 1 by increasing his sentence after he had begun serving it. Appellant also argues that his due process rights were violated when the district court refused to allow him to rebut-by testimony the government’s memorandum in aid of sentencing. We agree that the district court’s resentencing violated the double jeopardy clause and therefore vacate the second sentence and remand…