1. Whether, when determining if two charged conspiracies violate double jeopardy, the court should assess the degree of difference between two charged conspiracies (as the Sixth Circuit holds) or should instead assess the degree of overlap between them to determine whether one conspiracy encompasses the other (as the Fourth Circuit holds).

2. Whether the burden of proof remains on the defendant to prove that two charged conspiracies violate double jeopardy (as the Ninth and Tenth Circuits hold) or the burden of proof shifts to the government once the defendant makes a prima facie showing of a double jeopardy violation (as every other circuit holds).

Whether courts should assess the degree of difference or overlap between charged conspiracies to determine a double jeopardy violation