[1][2] The case held that subsequent convictions for offenses that contained the same elements were violative of the Double Jeopardy Clause.

[3] Alvin Dixon was arrested for murder in the District of Columbia and released on bail, on the condition that he not commit any criminal offense, or he would be held in contempt of court.

While awaiting trial, Dixon was arrested and indicted for possession of cocaine with intent to distribute and was found guilty of contempt and sentenced to 180 days in jail.

Dixon moved to dismiss this indictment on double jeopardy grounds because he argued that the prosecution was secondary to his first offense.

Foster also filed a motion to dismiss, arguing that his double jeopardy rights were violated because his contempt charges arose out of the original prosecution.