Defterios

MEMORANDUM *

Petitioner Neko K. Defterios appeals the terms of imprisonment and of supervised release imposed on him upon resentencing, arguing that the sentence violated his double jeopardy rights. We review whether resentencing violates a defendant’s double jeopardy rights de novo, United States v. Ruiz-Alvarez, 211 F.3d 1181, 1185 (9th Cir.2000). We affirm.

Defterios first argues that the district court violated his double jeopardy rights when it sentenced him to twenty-four months imprisonment. Although the Double Jeopardy Clause of the Fifth Amendment prohibits the imposition of an addition to a criminal sentence in a subsequent proceeding where a legitimate expectation of finality has attached to the serving of the sentence, see Stone v. Godbehere, 894 F.2d 1131, 1135 (9th Cir.1990), *687 Defterios could not have had a legitimate expectation of finality in his original sentence because the government filed a timely appeal before Defterios began serving any portion of his initial sentence. United States v. DiFrancesco, 449 U.S. 117, 136 , 101 S.Ct. 426 , 66 L.Ed.2d 328 (1980) (“The defendant ... has no expectation of finality in his sentence until the appeal is concluded or…