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Smith v. United States

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Argued October 21, 2009

Before WASHINGTON, Chief Judge, BLACKBURNE-RIGSBY, Associate Judge, and NEWMAN, Senior Judge.

Smith challenges his resentencing for manslaughter while armed as violative of the double jeopardy clause. Because we find the court increased Smith’s sentence in which he had an expectation of finality, we remand with instructions to the court to reinstate the earlier sentence. In so doing, we recognize that the jurisprudential basis of our previous rulings construing Superior Court Rule of Criminal Procedure 35 (b) as “jurisdictional” has been “substantially undermined” by subsequent cases of the Supreme Court, and we choose to hold as a matter of District of Columbia law that Rule 35 (b) is a “claim-processing” rule, not a “jurisdictional” rule.

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