United States v. John Robert Jones

KRAVITCH, Circuit Judge:

Appellant was convicted of converting pledged property in violation of 15 U.S.C. § 714m(c). Although originally sentenced to four years imprisonment, with all but an indeterminate six months suspended, and five years probation, appellant was resen-tenced to a straight four-year term after the district court realized that it had misapprehended certain factual matters, through no fault of appellant. This case presents a single issue: whether the resentencing violated the constitutional guarantee against double jeopardy. Concluding that it did, we reverse.

I

John Robert…