U.S. Court of Appeals for the Sixth Circuit
United States v. James Brennan, III
Panel
The judges who heard this appeal.
- Senior Judge Richard Fred Suhrheinrich
- Judge Moore — not matched to a Benchlight profile
- Judge John Kenneth Bush
Case history
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Nov. 13, 2018decided Decision issued in United States v. James Brennan, III
Opinions and writings
SUHRHEINRICH, Circuit Judge. The Double Jeopardy Clause of the Fifth Amendment protects against multiple criminal prosecutions and punishments for the same offense. Recently, the Supreme Court held that "[d]isgorgement, as it is applied in SEC enforcement proceedings, operates as a penalty under [ 28 U.S.C.] § 2462." Kokesh v. SEC , --- U.S. ----,…