In United States v. Di Francesco, the Supreme Court upheld a statute that allowed the government to seek, through an appeal, an increase of the sentence imposed by the trial court. The Court found that the statute did not violate the protections of the double jeopardy clause against multiple trials and multiple punishment. The question of state initiated appeals assumes further significance when it is considered that proposed revisions of the Federal Criminal Code include wider implementation of sentence appeals by the state.
Hackel, Thomas Michael
"United States v. Di Francesco: Court Upholds State Initiated Sentence Appeals,"
Mercer Law Review: Vol. 32:
4, Article 14.
Available at: https://digitalcommons.law.mercer.edu/jour_mlr/vol32/iss4/14