United States v. TateoAnnotate this Case
377 U.S. 463 (1964)
U.S. Supreme Court
United States v. Tateo, 377 U.S. 463 (1964)
United States v. Tateo
Argued April 20, 1964
Decided June 8, 1964
377 U.S. 463
Respondent, when informed during trial of the trial judge's expressed intention, if the jury found him guilty, to impose a life sentence on a kidnaping charge and consecutive sentences on other felony charges, pleaded guilty, whereupon the jury was discharged, the kidnaping count dismissed, and sentence imposed on the remaining counts. In a subsequent proceeding under 28 U.S.C. § 2255, another district judge, doubting that respondent's guilty plea was voluntary, set aside the conviction and granted a new trial. A third trial judge dismissed all charges, holding that reprosecution was barred by the Double Jeopardy Clause of the Fifth Amendment.
Held: Retrial of a defendant whose conviction is set aside on collateral attack for error in the proceedings leading to conviction is not barred for double jeopardy. United States v. Ball,163 U. S. 662, followed; Downum v. United States,372 U. S. 734, distinguished. Pp. 377 U. S. 463-468.
216 F. Supp. 850, reversed and remanded.
Official Supreme Court caselaw is only found in the print version of the United States Reports. Justia caselaw is provided for general informational purposes only, and may not reflect current legal developments, verdicts or settlements. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or information linked to from this site. Please check official sources.