United States v. Kenneth James Lundien

SPROUSE, Circuit Judge:

Kenneth James Lundien pled guilty in the district court to assaulting a federal officer and kidnapping in violation of 18 U.S.C. §§ 111, 1201(a)(1) (1982). The district court initially sentenced him to concurrent sentences of ten years on each count but five days later, upon motion by the government, amended the sentence on the kidnapping count by increasing it to twenty years. Lundien appeals, contending that because he had started to serve his sentence the enhancement of his sentence by resentencing violated his rights under the Double Jeopardy Clause of the fifth…