Legal Opinion
United States v. Ray C. Broce and Broce Construction Company, Inc.
Court of Appeals for the Tenth Circuit
Decided January 2, 1986No. 83-2558, 83-2559PublishedCited by 30 opinions
1Opinion of the Court
ON REHEARING EN BANC
JOHN P. MOORE, Circuit Judge.
These cases are before the court for rehearing en banc. The questions presented are whether a plea of guilty constitutes a waiver of a defendant’s right to assert a violation of the Double Jeopardy Clause of the Fifth Amendment and whether the second of two indictments charging a Sherman Act conspiracy is duplicitous of the first. We hold that a guilty plea does not waive the defense of double jeopardy under the circumstances of this case. We further hold the record requires a remand of this case for a hearing to determine as a matter of fact…
2Cases cited24 opinions
- Abney v. United StatesSupreme Court of the United States · 1977
- Blackledge v. PerrySupreme Court of the United States · 1974
- Menna v. New YorkSupreme Court of the United States · 1975
- Robinson v. NeilSupreme Court of the United States · 1973
- United States v. BascaroCourt of Appeals for the Eleventh Circuit · 1984
19 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- United States v. BroceSupreme Court of the United States · 1989
- United States v. Murleen Kay KunzmanCourt of Appeals for the Tenth Circuit · 1997
- Ernest Young v. United StatesCourt of Appeals for the Seventh Circuit · 1997
- United States v. John R. MazakCourt of Appeals for the Seventh Circuit · 1986
- United States v. Lee Travis AndrewsCourt of Appeals for the Tenth Circuit · 1986
25 more not listed; retrieve them via the Exa API.