In the case of Carlesi v. People of the State of New York, 1913, Frank Carlesi was convicted in New York for receiving stolen property and sentenced to imprisonment as a second felony offender under state law. He appealed his conviction on grounds that he had been previously tried and acquitted for burglary in Connecticut, arguing that this violated his Fifth Amendment right against double jeopardy. The U.S Supreme Court upheld Carlesi's conviction stating that separate sovereigns (in this case different states) can prosecute an individual separately without violating their rights against double jeopardy because each has its own interest to protect. This ruling established the "separate sovereigns" doctrine which allows dual prosecution by state and federal governments.

In the dissenting opinion for Carlesi v. People of the State of New York, Justice Holmes argued that the defendant's previous conviction in Connecticut should not have been used to enhance his sentence in New York under its habitual criminal statute. He contended that since each state is a separate sovereign entity with its own laws and punishments, it was inappropriate to use a conviction from another jurisdiction as grounds for increased punishment within New York State. Furthermore, he expressed concern about potential violations of due process rights if convictions from other jurisdictions were allowed to influence sentencing decisions without proper consideration or examination of those prior proceedings' fairness and legality.