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MITCHELL v. UNITED STATES

No. 97-7541.

526 U.S. 314 (1999)

MITCHELL v. UNITED STATES

United States Supreme Court.

Decided April 5, 1999.

Attorney(s) appearing for the Case

Steven A. Morley, by appointment of the Court, 525 U.S. 806, argued the cause for petitioner. With him on the briefs was Jeffrey T. Green.

Deputy Solicitor General Dreeben argued the cause for the United States. With him on the brief were Solicitor General Waxman, Assistant Attorney General Robinson, Barbara McDowell, and Joel M. Gershowitz.*

Kennedy, J., delivered the opinion of the Court, in which Stevens, Souter, Ginsburg, and Breyer, JJ., joined. Scalia, J., filed a dissenting opinion, in which Rehnquist, C. J., and O'Connor and Thomas, JJ., joined, p. 331. Thomas, J., filed a dissenting opinion, p. 341.

Justice Kennedy, delivered the opinion of the Court.

Two questions relating to a criminal defendant's Fifth Amendment privilege against self-incrimination are presented to us. The first is whether, in the federal criminal system, a guilty plea waives the privilege in the sentencing phase of the case, either as a result of the colloquy preceding the plea or by operation of law when the plea is entered. We hold the plea is not a waiver of the privilege at sentencing...

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