Second Circuit: Smith v. Wenderlich

Double Jeopardy, Sentencing, Habeas

Where a prison term is increased due to offenses committed in prison, the completion of the portion attributable to the initial sentence does not finalize the sentence for purposes of double jeopardy, and a subsequent resentencing to incorporate supervised release is therefore neither contrary to nor an unreasonable application of federal constitutional law.

Smith v. Wenderlich