United States v. Danny Yellowman

33 F.3d 61 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Danny YELLOWMAN, Defendant-Appellant. No. 93-10557. United States Court of Appeals, Ninth Circuit. Submitted Aug. 9, 1994. * Decided Aug. 24, 1994. Before: NORRIS, THOMPSON, AND TROTT, Circuit Judges. 1 MEMORANDUM ** 2 Defendant Yellowman was sentenced to 25 years under 28 U.S.C. Sec. 3581 (b)(1) for first degree murder. We vacated this sentence and remanded for resentencing under 28 U.S.C. Sec. 1111 (b), which provides for a mandatory life sentence. On remand, Yellowman was resentenced to life. 3 Yellowman argues that the increase in his sentence violates the double jeopardy clause. He acknowledges that generally a defendant acquires no expectation of finality in a sentence as he does in an acquittal. See United States v. DiFrancesco, 449 U.S. 117 (1980) (rejecting contention that the imposition of a particular sentence is an "implied acquittal" of any greater…