Benton C. Sullens v. United States

WISDOM, Circuit Judge:

Sullens appeals from the district court’s denial of a motion to vacate his sentence pursuant to 28 U.S.C. § 2255. His case turns upon whether a prisoner’s continued incarceration under resentencing violates the double-jeopardy clause of the Constitution if it extends beyond the period to which he was originally sentenced.

Sullens pleaded guilty to a charge of having used interstate telephone facilities to convey a threat upon his wife’s life, a violation of 18 U.S.C. § 875(c). The district court, under 18 U.S.C. § 4208 (b), 1 sentenced him tentatively to the maximum of…