United States v. Albert J. Kinsey, United States of America v. Joseph Kinsey

The Kinseys were sentenced in 1987. Errors were made, both for and against their interests, in the structure of the sentences. In 1991, the Kinseys sought to correct the illegalities in their sentences which were against their interests, so the government sought to correct the illegalities which favored the Kinseys. The court corrected all the errors, leaving the Kinseys in the same position, with regard to duration of imprisonment, as they were before the illegalities were corrected, and as they would have been had they been sentenced correctly in the first place. The Kinseys appeal on the ground that the double jeopardy clause and the prohibition of vindictive prosecution bar the correction of the illegalities which had favored them. We affirm.

I. Facts.

In 1987, the Kinseys had been convicted of conspiracy to distribute cocaine base and possession with intent to distribute, under 21 U.S.C. §§ 841 (a)(1) and 846. They were sen tenced to twenty years imprisonment for conspiracy, and suspended sentences with five years probation for possession. The probation was to commence when they were released from the confinement imposed on the conspiracy counts. The Bureau of Prisons…