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U.S. v. McCLAIN

No. 97-15128.

133 F.3d 1191 (1998)

UNITED STATES of America, Plaintiff-Appellant, v. Thomas Lavell McCLAIN, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided January 13, 1998.

As Amended February 26, 1998.

Attorney(s) appearing for the Case

Jodi B. Rafkin, Assistant United States Attorney, Sacramento, California, for plaintiff-appellant.

Candace A. Fry, Sacramento, California, for defendant-appellee.

Before: FLETCHER, WIGGINS and RYMER, Circuit Judges.

FLETCHER, Circuit Judge:

The United States appeals the district court's refusal to resentence defendant, Thomas McClain, after his conviction and sentence for violation of 18 U.S.C. § 924(c), use of a weapon in connection with a drug trafficking offense, were vacated. The district court held that it would be a violation of double jeopardy to resentence the defendant because he had already completed his sentence related to the drug trafficking offense. We have...

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