When acquittals block retrials
Bravo-Fernandez v. United States
In brief
The Supreme Court unanimously ruled that the acquittals did not bar the government from retrying Bravo-Fernández and Martínez-Maldonado after their convictions were set aside for a separate legal error.
- Where it stands
- Decided
Decided 8-0 · November 29, 2016 · Opinion by Justice Thomas
- What it’s about
- A jury found Juan Bravo-Fernández and Héctor Martínez-Maldonado guilty on some charges and not guilty on others, producing verdicts that could not be reconciled.
- Who it affects
- For these two men, the not-guilty verdicts did not prevent the government from retrying them after their convictions were set aside for an unrelated legal error.
Summary: written with AI from the case record.

What it's about
After an appeals court set aside the convictions for a legal error unrelated to that conflict, the Supreme Court ruled that the not-guilty verdicts did not bar the government from retrying them.
The jury found the men guilty on some charges and not guilty on others, producing verdicts that could not be reconciled.
Question presented
Under the Double Jeopardy Clause, does the fact that a decision was vacated as unconstitutional prevent that case's acquittal from barring further prosecution on issues already decided in the defendant’s favor?
What the Court decided
Holding
The issue-preclusion component of the Double Jeopardy Clause does not bar the Government from retrying defendants, like petition ers, after a jury has returned irreconcilably inconsistent verdicts of conviction and acquittal and the convictions are later vacated for le gal error unrelated to the inconsistency. 790 F. 3d 41, affirmed.
The vote
What's next
The government may pursue a retrial, but the Supreme Court's ruling does not order one.
Documents
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Opinion added: Bravo-Fernandez
More questions
- Did the Court decide whether the men were guilty?
- No. It decided only that their not-guilty verdicts did not block another prosecution in these circumstances.
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.