United States v. Felix
| United States v. Felix | |
|---|---|
 | |
| 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; 1992 U.S. LEXIS 1954 |
| Case history | |
| Prior | 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 |
| Laws applied | |
| U.S. Const. amend. V | |
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
- List of United States Supreme Court cases, volume 503
- List of United States Supreme Court cases
- Lists of United States Supreme Court cases by volume
- List of United States Supreme Court cases by the Rehnquist Court
- Dowling v. United States (1990)
- United States v. Dixon (1993)
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.
External links
Works related to United States v. Felix at Wikisource- Text of United States v. Felix, 503 U.S. 378 (1992) is available from: CourtListener Findlaw Google Scholar Justia Library of Congress Oyez (oral argument audio)
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