ble Jeopardy claim if he has been put in jeopardy (i.e. jeopardy has `attached') sometime before the alleged `second' prosecution." United States v. Podde, 105 F.3d 813, 816 (2d Cir. 1997). A defendant is put in jeopardy when the jury in their case is empaneled or upon the defendant's entry of a guilt