The decision held that the double jeopardy Clause of the Fifth Amendment to the U.S. Constitution does not prohibit the prosecution of a conspiracy in federal court under federal law when that same conspiracy has already resulted in a conviction in state court under state law.

[1] Abbate was part of a conspiracy to blow up multiple facilities owned by the Southern Bell Telephone Company.

He was convicted in Illinois under a state law making it a crime to conspire to destroy the property of another and sentenced to three months of imprisonment.

Justice Brennan wrote separately to address an additional argument that the government had presented but that was unnecessary to the resolution of the case.

Brennan rejected this argument, noting that it could lead to harassment of defendants by empowering the government to prosecute the same people over and over again using different statutes that protect different interests.