What is the legal test used to determine whether there is double jeopardy between two charges of conspiracy under the same statute?

MultiRegion, United States of America

The following excerpt is from U.S. v. Flick, 716 F.2d 735 (9th Cir. 1983):

Ordinarily, the constitutional standard used to determine the validity of a double jeopardy claim is the Blockburger "same evidence" test. See Blockburger v. United States, 284 U.S. 299, 304, 52 S.Ct. 180, 182, 76 L.Ed. 306 (1932). We have previously explained, however, that mechanical application of the Blockburger test is sometimes inadequate to test a double jeopardy claim lodged against two charges of conspiracy under the same statute. Bendis, 681 F.2d at 564-65. Artful tailoring of the overt acts charged in the substantive counts or of the objects of the conspiracy might satisfy Blockburger while at the same time permitting the artificial subdivision of one conspiracy to support multiple charges of violations of a single statute. Id. at 565.

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