Barrett v. United States · ¶33

The first step in the inquiry, then, is to determine whether §924(c)(1)(A)(i) and §924(j) define the “same offense.” To make that determination, Blockburger requires us to compare the provisions in question and ask whether “each . . . requires proof of a fact which the other does not.” 284 U. S., at 304. If the answer is yes, then the offenses prescribed by each statute are different and the inquiry generally ends. If the answer is no, then the statutes define the same offense, and the Blockburger presumption is triggered.

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