In what circumstances will a defendant be able to appeal against a sentence that was wrongfully sentenced?

MultiRegion, United States of America

The following excerpt is from Stewart v. Scully, 925 F.2d 58 (2nd Cir. 1991):

More recently, in United States v. Rico, 902 F.2d 1065 (2d Cir.), cert. denied, --- U.S. ----, 111 S.Ct. 352, 112 L.Ed.2d 316 (1990), we rejected a double jeopardy challenge where the trial court resentenced the defendant to the three-year term specified in her valid plea agreement in order to correct a mistakenly imposed sentence of ten months. We concluded that under the circumstances presented, the defendant "had no expectation of finality in her sentence." Id. at 1069. Significantly, in neither

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