384
Opinion of the Court
duplication "subjected Felix to a successive trial for the same conduct," and therefore reversed Felix's convictions on counts 2 through 6. Id., at 1530-1531.1
We granted certiorari, 502 U. S. 806 (1991), to consider whether the Double Jeopardy Clause bars the prosecution of Felix for these crimes.2 We hold that it does not, and so reverse.
II
We first consider whether the Double Jeopardy Clause bars Felix's prosecution on the substantive drug offenses contained in counts 2 through 6 of the Oklahoma indictment. The Court of Appeals held that the Government was fore-1 The Court of Appeals affirmed Felix's convictions on counts 9 and 10 of the indictment, which charged unlawful interstate travel. The court concluded that the conduct alleged in those counts was not sufficiently related to the conduct proved in the earlier Missouri trial to require their dismissal under the Double Jeopardy Clause. 926 F. 2d, at 1531.
2 The Courts of Appeals have differed in applying Grady to successive prosecutions for offenses arising out of a continuing course of conduct, such as the conspiracy prosecution in this case. In United States v. Calderone, 917 F. 2d 717 (1990), the Second Circuit held that the Double Jeopardy Clause barred a conspiracy prosecution where the defendant had been previously prosecuted for a "broader" conspiracy that entirely encompassed the actions alleged in the second, "narrower" conspiracy. The court based its decision on our language in Grady, concluding 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 an agreement. See id., at 721-722. The Second Circuit later followed that reasoning in holding that a conspiracy prosecution is barred if certain overt acts supporting the conspiracy charge involve substantive offenses for which the defendant has been previously prosecuted. United States v. Gambino, 920 F. 2d 1108 (1990). The Tenth Circuit agreed with that position in upholding Felix's double jeopardy claim below. 926 F. 2d 1522 (1991).
On the other hand, two Courts of Appeals have concluded that the Government is not barred from bringing a successive conspiracy prosecution, even where it seeks to base the conspiracy offense on previously prosecuted conduct. United States v. Rivera-Feliciano, 930 F. 2d 951 (CA1 1991); United States v. Clark, 928 F. 2d 639 (CA4 1991).
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