“ We held in that case that there exists no absolute constitutional bar to the imposition of a harsher sentence upon retrial, but that due process 'requires that vindictiveness against a defendant for having successfully attacked his first conviction must play no part in the sentence he receives after a new trial.' Id., at 725, 89 S.Ct. at 2080. 'In order to assure the absence of such a motivation,' we held that 'whenever a judge imposes a more severe sentence upon a defendant after a new trial, the reasons for his doing so must affirmatively appear. ”

“ Accordingly, the writ is dismissed as improvidently granted.
Notes
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”