Barrett v. United States · ¶64

The distinctions from Garrett are legion, because the justifications we offered for that decision are legion. But, most straightforwardly, Garrett distinguished “the classic relation of the `lesser included offense' to the greater offense,” wherein “[t]he very same conduct” violates two statutes. Id., at 787 (contrasting Brown v. Ohio, 432 U. S. 161 (1977), which involved joyriding and auto theft—both of which were violated by driving a stolen car). In Garrett, by contrast, “the continuing criminal enterprise was alleged to have spanned more than five years.” 471 U. S., at 788. The Court did not believe that Congress wished to require the Government to choose between prosecuting the defendant for early predicates and forfeiting a later CCE charge, on the one hand, and allowing him to go on breaking the law to preserve the possibility of a CCE charge, on the other. Id., at 788–790. The…

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