United States Eleventh Circuit

A defendant's jeopardy does not terminate when, upon the defendant's motion, an indictment is dismissed or a guilty plea is vacated. Thus, the second indictment of defendant did not violate the Double Jeopardy Clause when the district court vacated his initial guilty plea because the original indictment was defective.

Appellate Information

• Decided 03/19/2004
• Published 03/19/2004

Judges

• GOLDBERG, Judge:, Before BLACK and HULL, Circuit Judges, and GOLDBERG , Judge.

Court

• United States Eleventh Circuit

Counsel

• For Appellees:
  
• George E. Tragos,The Law Office of George E. Tragos, Clearwater, FL, for Defendant-Appellant., John L. Smeltzer, Washington, DC, for Plaintiff-Appellee.