[headstamp 2]

How can this not be a form of double jeopardy?

[Las Vegas Ron]

How can this not be a form of double jeopardy?

My understanding of double jeopardy is that you can't be tried twice for the same crime.

This is different, though is smack of being sentenced twice for the same crime.

Even though there were mandatory sentences, which I'm not sure I agree with, the judge is the one who erred here not the accused.

I', no lawyer, but do have and understanding of some law.

Was is Clarence Darrow that said that the law is an ass?

This case seems to prove it.

[BohDaThone]

In federal court, sentences can be appealed by either side. There is a short time to appeal, so the appeal was filed before the sentences were finally served. Defendants appeal all the time. Usually lose. But, for example, if the LAW says a sentence if 5 to 10 years, and the judge gives you 15, you will probably win. If gives you 2, the gov't can appeal, usually will, and will usually win.

THIS POST HAS NOTHING TO DO WITH THE RIGHT OR WRONG OF THE ORIGINAL TRIAL.

But if the statute or sentencing law really prescribes a more severe sentence, the gov't can, and frequently does, appeal. A lot of them are child porn or pedophilia cases where a judge will go very light -- 1 day when law says 5 years. Gov't will appeal, and usually win. nothing double jeopardy about it, if the appeal is timely filed.