United States v. Felix

United States v. Felix, 503 U.S. 378 (1992), was a decision by the United States Supreme Court, which held that “a[n]…offense and a conspiracy to commit that offense are not the same offense for double jeopardy purposes.” The Supreme Court rejected the Tenth Circuit's reversal of Felix's conviction, finding that the Court of Appeals read the holding in Grady v. Corbin (1990) too broadly.

United States v. Felix
Argued January 14, 1992
Decided March 25, 1992
Full case nameUnited States, Petitioner v. Frank Dennis Felix
Citations503 U.S. 378 (more)
112 S.Ct. 1377; 118 L. Ed. 2d 25; 1992 U.S. LEXIS 1954
Case history
PriorCertiorari to the United States Court of Appeals for the Tenth Circuit
Holding
The Double Jeopardy Clause does not bar Felix's prosecution on either the substantive drug offenses or the conspiracy charge.
Court membership
Chief Justice
William Rehnquist
Associate Justices
Byron White · Harry Blackmun
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Case opinions
MajorityRehnquist, joined by White, O'Connor, Scalia, Kennedy, Souter, Thomas
ConcurrenceStevens, joined by Blackmun
Laws applied
U.S. Const. amend. V

See also

Further reading
  • Donofrio, Anthony J. (1993). "The Double Jeopardy Clause of the Fifth Amendment: The Supreme Court's Cursory Treatment of Underlying Conduct in Successive Prosecutions". Journal of Criminal Law and Criminology. 83 (4): 773–803. doi:10.2307/1143871. JSTOR 1143871.
  • Shindala, C. (1992). "Where Conspiracy To Commit a Crime Is Based on Previously Prosecuted Overt Acts, No Double Jeopardy Violation Exists". Mississippi Law Journal. 62 (1): 229–243. ISSN 0026-6280.
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