In a remand motion, what is the effect of the Double Jeopardy clause?

MultiRegion, United States of America

The following excerpt is from United States v. Arm, 853 F.3d 1065 (9th Cir. 2017):

Further, in Caterino there was no challenge to the underlying conviction. Instead, the question was a pure sentencing claimwhether the defendant's consecutive sentences violated the Double Jeopardy clause. See 29 F.3d at 1396. The dissent is correct that "[o]n remand, the district court generally should be free to consider any matters relevant to sentencing, even those that may not have been raised at the first sentencing hearing, as if it were sentencing de novo." United States v. Matthews , 278 F.3d 880, 88586 (9th Cir. 2002) (citing United States v. Ponce , 51 F.3d 820, 826 (9th Cir. 1995) ). But Crooked Arm and Shane's claims about the adequacy of the pleas supporting their felony convictions are not sentencing issues.

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