Defendant Who Seeks a Change in Sentence Loses Expectation of Finality

Torres v. Heredia, 2008 WL 4139385 (9/9/08) (unpub'd) - It was not a violation of the petitioner's expectation of finality protected by the Double Jeopardy Clause when, in response to the petitioner's motion to reconsider sentence, the state district court found an arithmetical error and increased the sentence by a year. A defendant has no finality expectation when he seeks to change the sentence.