No. 18-9642
Jeffrey Benton v. United States
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
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 Kuchera — Attorney at Law, Petitioner
John Andrew Kuchera — Attorney at Law, Petitioner
United States
Noel J. Francisco — Solicitor General, Respondent
Noel J. Francisco — Solicitor General, Respondent