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- NOTE: Where it is feasible, a syllabus (headnote) will be released, as is
- being done in connection with this case, at the time the opinion is issued.
- The syllabus constitutes no part of the opinion of the Court but has been
- prepared by the Reporter of Decisions for the convenience of the reader.
- See United States v. Detroit Lumber Co., 200 U. S. 321, 337.
-
- SUPREME COURT OF THE UNITED STATES
-
- Syllabus
-
- UNITED STATES v. FELIX
- certiorari to the united states court of appeals for
- the tenth circuit
- No. 90-1599. Argued January 14, 1992-Decided March 25, 1992
-
- During the summer of 1987, respondent Felix manufactured metham-
- phetamine at an Oklahoma facility. After Drug Enforcement Admin-
- istration (DEA) agents shut down that facility, Felix ordered addition-
- al chemicals and equipment from a DEA informant for delivery in
- Missouri. Federal Government officials observed the delivery, arrest-
- ed him, and charged him with the offense of attempting to manufac-
- ture an illegal drug. At his trial in Missouri, the Government, in
- order to establish Felix's criminal intent, introduced evidence that he
- had manufactured methamphetamine in Oklahoma, and he was
- convicted. Subsequently, he was named in, inter alia, six counts of
- an indictment filed in a Federal District Court in Oklahoma. Count
- 1 charged him with conspiracy to manufacture, possess, and distrib-
- ute methamphetamine. Two of the overt acts supporting this charge
- were based on the same conduct that had been the subject of the
- Missouri prosecution. The other counts charged him with substantive
- drug offenses, and at trial the Government introduced much of the
- same evidence of the Missouri and Oklahoma transactions that had
- been introduced at the Missouri trial. Felix was convicted, but the
- Court of Appeals reversed, relying on language in Grady v. Corbin,
- 495 U.S. 508, 521, that the Double Jeopardy Clause bars a subse-
- quent prosecution where the government, ``to establish an essential
- element of an offense charged in that prosecution, will prove conduct
- that constitutes an offense for which the defendant has already been
- prosecuted.'' With respect to the conspiracy count, the court observed
- that in both trials, the Government proved that Felix had learned to
- make, and had manufactured, methamphetamine in Oklahoma and
- had sought to purchase more chemicals and equipment in Missouri.
- The court also noted that the direct evidence supporting the substan-
- tive offenses-that Felix had purchased chemicals and equipment
- during the spring of 1987 and had manufactured methamphetamine
- in Oklahoma-had been introduced at the Missouri trial to show
- intent.
- Held:The Double Jeopardy Clause does not bar Felix's prosecution on
- either the substantive drug offenses or the conspiracy charge. Pp.
- 5-13.
- (a)None of the substantive offenses for which Felix was prosecuted
- in Oklahoma is in any sense the same offense for which he was
- prosecuted in Missouri. The actual crimes charged in each case were
- different in both time and place, and no common conduct links them.
- In addition, mere overlap in proof between two prosecutions does not
- establish a double jeopardy violation. Dowling v. United States, 493
- U.S. 342. Thus, the Court of Appeals erred to the extent that it
- assumed that if the Government offers in evidence in one prosecution
- acts of misconduct that might ultimately be charged as criminal
- offenses in a second prosecution, the latter prosecution is barred.
- And it gave an extravagant reading to Grady, supra, which dis-
- claimed any intention of adopting a ```same evidence''' test, id., at 521
- and n. 12. Pp.6-8.
- (b)A substantive crime and a conspiracy to commit that crime are
- not the ``same offense'' for double jeopardy purposes, see, e. g., United
- States v. Bayer, 331 U.S. 532; Pinkerton v. United States, 328 U.S.
- 640, 643, even if they are based on the same underlying incidents,
- because the ``essence'' of a conspiracy offense ``is in the agreement or
- confederation to commit a crime,'' Bayer, supra, at 542. This estab-
- lished doctrine predates, and was not questioned in, Grady, supra.
- In addition, while Grady-which involved a State's reliance on a
- defendant's two traffic offense convictions to sustain later-filed
- homicide and assault charges arising from the same accident-may
- be useful in cases arising from a ``single course of conduct,'' it is
- much less helpful in analyzing prosecutions involving multilayered
- conduct, such as the conspiracy prosecution here. Thus, the Court
- of Appeals erred in essentially reading Grady as substituting for the
- ``same offence'' language of the Double Jeopardy Clause a test based
- on whether the two prosecutions involve the same conduct.
- Pp.9-12.
- 926 F.2d 1522, reversed.
-
- Rehnquist, C. J., delivered the opinion of the Court, in which White,
- O'Connor, Scalia, Kennedy, Souter, and Thomas, JJ., joined, and in
- Parts I and II of which Stevens and Blackmun, JJ., joined. Stevens,
- J., filed an opinion concurring in part and concurring in the judgment,
- in which Blackmun, J., joined.
-