William Rehnquist

“ The Court of Appeals for the Second Circuit, in United States v. Calderone, 917 F.2d 717 (1990) , upheld a claim of double jeopardy by a divided vote, with each judge on the panel writing an opinion interpreting the crucial language from Grady differently. That court decided that the "conduct" at issue in a conspiracy prosecution is not the agreement itself, but the conduct from which the Government asks the jury to infer that there was an agreement. ”

“ The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution provides: " [N] or shall any person be subject for the same offence to be twice put in jeopardy of life or limb."
During the summer of 1987, respondent Frank Dennis Felix operated a facility in Beggs, Oklahoma, at which he manufactured methamphetamine in violation of applicable federal statutes. In July, this facility was raided and shut down by Drug Enforcement Administration (DEA) agents. ”

“ United States, 471 U.S. 773, 778 (1985) (" [C] onspiracy is a distinct offense from the completed object of the conspiracy") ; cf. id., at 793 (" [I] t does not violate the Double Jeopardy Clause...to prosecute [a continuing criminal enterprise] offense after a prior conviction for one of the predicate offenses") . ”