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U.S. v. FOGEL

No. 86-3063.

829 F.2d 77 (1987)

UNITED STATES of America v. Carl P. FOGEL, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 15, 1987.

Attorney(s) appearing for the Case

Kenneth Michael Robinson, Washington, D.C., for appellant.

Dennis R. Carluzzo, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., Michael W. Farrell and Roger M. Adelman, Asst. U.S. Attys., Washington, D.C., were on the brief, for appellee.

Before WALD, Chief Judge, and MIKVA and BORK, Circuit Judges.

Opinion for the Court filed by Circuit Judge BORK.

BORK, Circuit Judge:

Appellant, Carl P. Fogel, raises two issues on appeal from the district court's order on resentencing. First, appellant argues that the district court violated the Constitution's double jeopardy clause1 by increasing his sentence after he had begun serving it. Appellant also argues that his due process rights were violated when the district court refused to...

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