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When acquittals block retrials

Bravo-Fernandez v. United States

Updated Oct 18, 2026

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.

Illustration for Bravo-Fernandez v. United States
Conceptual illustration · AI-generated

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

  • Joined the judgment
  • Wrote an opinion
Majority · 8joined the Court's opinion
  1. Breyer
  2. Kagan
  3. Thomaswrote the opinion
  4. Kennedy
  5. Ginsburgalso wrote separately
  6. Sotomayor
  7. Roberts
  8. Alito
8 justices joined the judgment.

What's next

The government may pursue a retrial, but the Supreme Court's ruling does not order one.

Documents

1

Docket activity

9
  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Impact Analysis

    Oct 18, 2026 · Generated

  • AI analysis generated: Opinion Summary

    Oct 18, 2026 · Generated

  • New analysis added

    Oct 18, 2026 · Court records

  • AI analysis generated: Case Briefing

    Oct 18, 2026 · Generated

Show 4 more
  • AI analysis generated: Decision Record

    Oct 18, 2026 · Generated

  • Case data updated: summary, question_presented, generation_metadata

    Oct 18, 2026 · Court records

  • Case data updated: question_presented, extraction_metadata

    Oct 18, 2026 · Court records

  • Opinion added: Bravo-Fernandez

    Nov 29, 2016 · Court records

More questions

1
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.

Checked Oct 18, 2026Methodology

Court records and filings

Reporting and analysis