No. 21-273

Buck Gene Brune v. United States

Lower Court: Fifth Circuit
Docketed: 2021-08-25
Status: Denied
Type: Paid
Tags: circuit-split criminal-procedure double-jeopardy fifth-amendment finality-of-judgment plea-bargaining plea-of-guilty prosecutorial-overreach sentencing
Key Terms:
FifthAmendment
Latest Conference: 2022-01-07
Question Presented (AI Summary)

When does jeopardy attach after a guilty plea?

Question Presented (OCR Extract)

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

Docket Entries

2022-01-10
Petition DENIED.
2021-12-08
DISTRIBUTED for Conference of 1/7/2022.
2021-11-24
Brief of respondent United States in opposition filed.
2021-10-12
Motion to extend the time to file a response is granted and the time is further extended to and including November 24, 2021.
2021-10-08
Motion to extend the time to file a response from October 25, 2021 to November 24, 2021, submitted to The Clerk.
2021-09-16
Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2021.
2021-09-15
Motion to extend the time to file a response from September 24, 2021 to October 25, 2021, submitted to The Clerk.
2021-08-19
Petition for a writ of certiorari filed. (Response due September 24, 2021)

Attorneys

Buck Brune
Cody Lee CoferCofer Luster Law Firm, PC, Petitioner
Cody Lee CoferCofer Luster Law Firm, PC, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent