Circuit split · criminal procedure
Whether Congress authorized a second (cumulative) punishment for the same offense, the authorization element of the Double Jeopardy multiple-punishments analysis
1 federal appellate case on this question, each acknowledging the disagreement in its own words.
- United States v. Wittie25 F3D 250
Fifth Circuit Court of Appeals · June 23, 1994
“The issue on which we part ways with the Tenth Circuit is whether a second punishment is authorized by Congress, the second element of the Tenth Circuit's analysis.” — Parts ways with another circuit
Empirical analysis of this case →
The other side of the split
Decisions the acknowledging court(s) named as the opposing or joined side, quoted in the acknowledging opinion's own words.
- On the other side · 10th Cir.Koonce945 F.2d 1151
“Koonce was relied on by the district court in dismissing the indictment.” — United States v. Wittie, acknowledging the split
- Discussed · 2d Cir.United States v. McCormick992 F.2d 437
Cases are grouped by the legal question they announce a split on, classified from the court's own acknowledgment sentence. Verified acknowledgments only. Counter-side decisions are extracted from the acknowledging opinions' own text and linked only when the citation resolves in this corpus. See all circuit splits.