The following excerpt is from U.S. v. Leyland, 277 F.3d 628 (2nd Cir. 2001):
States v. Mortimer, 52 F.3d 429, 435 (2d Cir. 1995). One context in which waiver of double jeopardy claims can take place is where the defendant enters a guilty plea, which is "an admission that he committed the crime charged against him," rather than merely " a confession which admits that the accused did various acts." United States v. Broce, 488 U.S. 563, 571 (1988) (internal quotations and internal citations omitted). Because a guilty plea has this legal effect, "a defendant who pleads guilty to two counts with facial allegations of distinct offenses concede[s] that he had committed two separate crimes." Id. at 570. Therefore, a defendant who signs a plea agreement before raising his double jeopardy claims waives the right to press those claims. Mortimer, 52 F.3d at 435. ("Mortimer's signed plea agreement provided that he would plead guilty to two felonies, thereby effecting waiver of the [double jeopardy] claims he now asserts on appeal"). Courts will conclude that a defendant's guilty plea waived his double jeopardy claims even if the defendant does not know about the claim at the time of the plea. Broce, 488 U.S. at 572-73. Conscious relinquishment of the double jeopardy claim is not required because the guilty plea constitutes an admission sufficient to establish that defendant committed a crime, not an "inquiry into a defendant's subjective understanding of the range of potential defenses." Id. at 573-74.
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