Fong Foo v. United States, 369 U.S. 141 (1962), was a Supreme Court ruling that upheld the protection from double jeopardy by the federal government.

In this case, the court ruled that despite the error of the District Judge, the 5th Amendment protected the defendants from facing a second trial for the same charge.

The Court of Appeals granted the petition and held that the defendants could be retried, based on its opinion that the District Judge did not have the power to direct the judgment of the jury, in this case.

The Supreme Court focused on the section of the Amendment that reads "nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb".

The Supreme Court recognized the error of the District Judge but ruled that the verdict was final and could not be reviewed without violating rights guaranteed by the 5th Amendment of the Constitution.