Barrett v. United States · ¶53

In any event, the conduct (or result) that differentiates a greater offense from its lesser included offenses will often introduce some new “focus.” That reality cannot do much to overcome the Blockburger presumption if the presumption is to retain its force. See, e. g., Whalen, 445 U. S., at 691, n. 6, 693–694 (Blockburger not overcome, despite some contrary statutory language, for convictions on charges of (1) rape and (2) killing in the course of rape); Illinois v. Vitale, 447 U. S. 410, 420–421 (1980) (Blockburger not overcome as between felony and felony murder); Harris v. Oklahoma, 433 U. S. 682, 682–683 (1977) (per curiam) (same).

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