United States v. Felix

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United States v. Felix
Seal of the United States Supreme Court.svg
Argued January 14, 1992
Decided March 25, 1992
Full case name United States, Petitioner v. Frank Dennis Felix
Citations 503 U.S. 378 (more)
112 S.Ct. 1377; 118 L.Ed.2d 25
Prior history Certiorari 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
Case opinions
Majority Rehnquist, joined by White, O'Connor, Scalia, Kennedy, Souter, Thomas
Concurrence Stevens, joined by Blackmun

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.

See also[edit]

Further reading[edit]

  • 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 (Northwestern University) 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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