United States v. King, No. 11-3817 (8th Cir. 2012)
Annotate this CaseDefendant pleaded guilty to robbing banks less than four years after being released from federal prison for a six-month crime spree in which he robbed fourteen banks in six different states. Defendant subsequently appealed his sentence. The court held that there was no Double Jeopardy violation in resentencing defendant for the purpose of allowing an out-of-time direct appeal, and in any event, the district court did not impose a harsher sentence. The court also held that the sentence was substantively and procedurally reasonable. Accordingly, the court affirmed the judgment.
Court Description: Criminal case - Sentencing. No double jeopardy violation or due process error occurred where the district court imposed the same sentence after granting defendant's Section 2255 motion and vacating his sentence so that he could take an out-of-time direct appeal; argument concerning Guidelines Sec. 4A1.3 departure was not preserved for appeal. [ September 06, 2012
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