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UNITED STATES v. BROCE

Nos. 83-2558, 83-2559.

781 F.2d 792 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Ray C. BROCE and Broce Construction Company, Inc., Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

January 2, 1986.

Attorney(s) appearing for the Case

Glenn E. Casebeer, II (Curt T. Schneider on the briefs) Schneider, and Casebeer, Coffeyville, Kan., for defendants-appellants.

John P. Fonte, Dept. of Justice, Washington, D.C. (John J. Powers, III, Dept. of Justice, J. Paul McGrath, Asst. Atty. Gen., and Charles F. Rule, Deputy Asst. Atty. Gen., Washington, D.C., and Judy Whalley and Mary Jones, Dept. of Justice, Chicago, Ill., with him on brief) for plaintiff-appellee.

Before HOLLOWAY, Chief Judge, and DOYLE, BARRETT, McKAY, LOGAN, SEYMOUR, and MOORE, Circuit Judges.

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...

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