United States v. Tateo,
377 U.S. 463 (1964)

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U.S. Supreme Court

United States v. Tateo, 377 U.S. 463 (1964)

United States v. Tateo

No. 328

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.

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