United States v. Julian M. Atehortva, Alejandro Correa

WALKER, Circuit Judge:

Defendant-appellant Alejandro Correa appeals from the sentence imposed on him by the United States District Court for the Eastern District of New York (Raymond J. Dearie, District Judge) following remand for resentencing after we vacated two of the three counts of conviction against him. In resentencing Correa, the district court departed upward on the remaining count. Cor-rea challenges this upward departure as based on grounds that were not considered at the first sentencing and therefore in violation of his rights to due process and to be free from double jeopardy. He…