A Wrong Move by the Judge Means Immunity for the Prisoner

In United States v. DiFrancesco, 449 U.S. 117, 131, 101 S.Ct. 426, 66 L.Ed.2d 328 (1980), the Court eschewed the notion that "sentencing should be a game in which a wrong move by the judge means immunity for the prisoner" in holding that a federal statute authorizing a government appeal from a sentence did not violate double jeopardy.

In Bozza v. United States, 330 U.S. 160, 166-67, 67 S.Ct. 645, 91 L.Ed.818 (1947), whence this quote originates, the Court held that the trial court could lawfully correct its error in failing to impose a mandatory fine.