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Buck Gene Brune v. United States

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-11360 · judgment March 22, 2021

Certiorari denied · January 10, 2022
Pre-decision estimate: 5% cert probability (95% interval 4%–8%)

Before the decision, modestly above the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below and a circuit split argued in the petition.

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?

Counsel of record

For petitioner
Cody Lee Cofer
Cofer Luster Law Firm, PC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Subject area
Criminal Procedure (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, January 10, 2022 · Certiorari denied

Proceedings

  1. Jan 10 2022
    Petition DENIED.
  2. Dec 08 2021
    DISTRIBUTED for Conference of 1/7/2022.
  3. Nov 24 2021
    Brief of respondent United States in opposition filed.
    Certificate of Word CountMain Document
  4. Oct 12 2021
    Motion to extend the time to file a response is granted and the time is further extended to and including November 24, 2021.
  5. Oct 08 2021
    Motion to extend the time to file a response from October 25, 2021 to November 24, 2021, submitted to The Clerk.
    Main Document
  6. Sep 16 2021
    Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2021.
  7. Sep 15 2021
    Motion to extend the time to file a response from September 24, 2021 to October 25, 2021, submitted to The Clerk.
    Main Document
  8. Aug 19 2021
    Petition for a writ of certiorari filed. (Response due September 24, 2021)
    PetitionAppendixCertificate of Word CountProof of Service