William Rehnquist,
United States v. Felix — Opinion of the Court
(1992)
“ 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. ”
