UNITED STATES v. BROCE

No. 87-1190.

488 U.S. 563 (1989)

UNITED STATES v. BROCE ET AL.

Supreme Court of United States.

Decided January 23, 1989


Attorney(s) appearing for the Case

Roy T. Englert, Jr., argued the cause for the United States. With him on the briefs were Solicitor General Fried, Assistant Attorney General Rule, Deputy Solicitor General Cohen, and Deputy Assistant Attorney General Starling.

Glenn E. Casebeer II argued the cause for respondents. With him on the brief was Curt T. Schneider.


JUSTICE KENNEDY delivered the opinion of the Court.

We consider here the circumstances under which a defendant who has entered a plea of guilty to a criminal charge may assert a double jeopardy claim in a collateral attack upon the sentence. Respondents, upon entering guilty pleas, were convicted of two separate counts of conspiracy, but contend now that only one conspiracy existed and that double jeopardy principles require...

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