Is there a double jeopardy test in the context of two separate criminal conspiracy cases?

A double jeopardy claim cannot succeed unless the charged offenses are the same in fact and in law. United States v. Nersesian, 824 F.2d 1294, 1319 (2d Cir. 1987). In regard to double jeopardy questions in the context of successive conspiracy prosecutions, our inquiry is "whether the second prosecution is for a conspiracy distinct from that previously prosecuted. If the second prosecution is for a distinct conspiracy, there is no double jeopardy problem regardless of an overt act or other evidentiary overlap." United States v. Gambino, 968 F.2d 227, 231 (2d Cir.1992).