Where a sentencing process has miscarried due to a failure to correctly apply relevant principles, the double jeopardy principle does not constrain the re-sentencing court from imposing a higher sentence. The re-sentencing judge is not required to give reasons for imposing a greater sentence than that originally imposed in error. The policy considerations against increased sentences on appeal (deterrence from exercising appeal rights, appearance of retribution) apply only to defendant appeals, not to successful prosecution appeals.
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