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U.S. v. McClain, No. 97-15128 (9th Cir.) (133 F.3d 1191) (January 13, 1998) (Judge Betty Binns Fletcher)

In a case of first impression in the Ninth Circuit, the Court held that resentencing a defendant on an underlying drug trafficking offense to reflect a possession of a weapon enhancement, following vacation of his weapon conviction, did not violate the Double Jeopardy Clause, even though the defendant had already …

 

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