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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
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
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
Conference history
Distributed for 1 conference
Proceedings
- Jan 10 2022Petition DENIED.
- Dec 08 2021DISTRIBUTED for Conference of 1/7/2022.
- Nov 24 2021Brief of respondent United States in opposition filed.
- Oct 12 2021Motion to extend the time to file a response is granted and the time is further extended to and including November 24, 2021.
- Oct 08 2021Motion to extend the time to file a response from October 25, 2021 to November 24, 2021, submitted to The Clerk.
- Sep 16 2021Motion to extend the time to file a response is granted and the time is extended to and including October 25, 2021.
- Sep 15 2021Motion to extend the time to file a response from September 24, 2021 to October 25, 2021, submitted to The Clerk.
- Aug 19 2021Petition for a writ of certiorari filed. (Response due September 24, 2021)