Fifth Circuit: USA v. Brune

 

Jeopardy does not always attach at acceptance of a guilty plea; the relevant criteria for determining the point at which jeopardy attaches are the deft's finality interests and the risk of prosecutorial overreach.  Circuit split flagged on both the proposition and the criteria.

Finality interests look to preserving jury verdicts, the chance for the state to marshal its evidence, and the forseeability of the the second charge.  The relevant factors for overreach are whether the second charge was pending, and whether the government had a full and fair opportunity to convict.

As deft pleaded to conspiracy involving the statutory offense with a minimum quantity, but the plea, the magistrate's report and the acceptance of plea reflected  the statutory offense with no minimum quantity, jeopardy did not attach at the acceptance of the plea, and the court could amend the order to reflect the second statute.

Foreign name of cartel with which the deft had entirely domestic contacts suffices for the sentencing increase for foreign importation.


USA v. Brune