Ferrell Walker v. United States
FifthAmendment
Whether the defendant's right not to be twice put in jeopardy for the same offense was violated
QUESTIONS PRESENTED 1. Whether, on plain error review, the defendant’s right not to be twice put in jeopardy for the same offense under the Double Jeopardy Clause of the Fifth Amendment was violated where, after being convicted of violating the conditions of his supervision and sentenced under 18 U.S.C. § 3583(k), to the 60-month minimum, mandatory term of imprisonment, the defendant was subsequently indicted, tried, convicted, and sentenced for the same offense that gave rise to his conviction for violating the conditions of his supervision, even though his sentence under 18 US.C. § 3583(k) was vacated on appeal? 2. Whether, assuming the merit of the defendant's double jeopardy claim, the district court committed plain error?