No. 18-9642

Jeffrey Benton v. United States

Lower Court: Second Circuit
Docketed: 2019-06-12
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: appeal class-v-united-states criminal-procedure direct-appeal double-jeopardy face-of-the-record guilty-plea indictment united-states-v-broce waiver-of-rights
Key Terms:
FifthAmendment JusticiabilityDoctri
Latest Conference: 2019-10-01
Question Presented (AI Summary)

Whether a defendant who enters an unconditional guilty plea and waives appeal can raise a double-jeopardy argument on direct appeal

Question Presented (from Petition)

Questions Presented 1. Whether in light of Class v. United States, 138 S.Ct. 798 (2018), a defendant who enters an unconditional guilty plea and waives appeal, yet wishes to raise a double jeopardy argument on direct appeal, is still prohibited from doing so unless the two indictments at issue are facially duplicative. 2. In determining whether or not a defendant who has pled guilty can raise a double jeopardy challenge on direct appeal, does “face of the record,” as that phrase is used in United States v. Broce, 488 U.S. 563 (1989), refer only to the indictments? i

Docket Entries

2019-10-07
Petition DENIED.
2019-06-27
DISTRIBUTED for Conference of 10/1/2019.
2019-06-18
Waiver of right of respondent United States to respond filed.
2019-06-07
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 12, 2019)

Attorneys

Jeffrey Benton
John Andrew KucheraAttorney at Law, Petitioner
John Andrew KucheraAttorney at Law, Petitioner
United States
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent