Buck Gene Brune v. United States
FifthAmendment
When does jeopardy attach after a guilty plea?
QUESTION PRESENTED A circuit split exists as to when jeopardy attaches after a defendant enters a plea of guilty. To determine when jeopardy attaches the First, Third, and Fifth Circuits balance several factors. The Second, Sixth, Eighth, Ninth, and Eleventh Circuits have determined jeopardy attaches upon the occurrence of a particular event in the proceedings. The Question Presented Is: Under the Fifth Amendment’s Double Jeopardy Clause, upon a defendant’s plea of guilty, does jeopardy attach: a. when the district court accepts the defendant’s plea of guilty; b. when the district court adjudges the defendant guilty of the offense; or c. independent of a specific event? ii LIST OF PROCEEDINGS United States Court of Appeals for the Fifth Circuit No. 19-11360 United States of America v. Buck Gene Brune Date of Final Opinion: March 22, 2021 United States District Court for the Northern District of Texas No. 4:19-CR-00159-Y-1 United States of America v. Buck Gene Brune Date of Final Judgment: December 19, 2019