Smith v. United States

FERREN, Associate Judge:

Calvin A. Smith appeals from the trial court’s decision to reimpose his original sentence after the court had granted Smith’s motion to reduce it; he claims this change of mind violated the Double Jeopardy Clause of the Fifth Amendment. The government responds that the trial court’s decision to grant the motion to reduce was based on an erroneous belief that the motion was unopposed, and that the trial court, for that reason, could properly vacate the reduced sentence and reinstate the original one after hearing the government’s position. We conclude that the trial…