Whether the Tenth Circuit's test for determining whether two conspiracy prosecutions involve the same conspiracy renders the Double Jeopardy Clause inapplicable to successive conspiracy prosecutions

QUESTION PRESENTED The Double Jeopardy Clause prohibits successive conspiracy prosecutions when the conspiracy underpinning a subsequent prosecution is part of the same conspiracy that underpinned a previous prosecution. The question presented is: 1. Whether the Tenth Circuit's test for determining whether two conspiracy prosecutions involve the same conspiracy —a test that is at odds with the test applied by every other circuit court that has addressed the issue — renders the Double Jeopardy Clause inapplicable, as a practical matter, to successive conspiracy prosecutions. ii