Barrett v. United States · ¶67

Amicus turns finally to legislative history. We have said that legislative history may “fortif[y]” a conclusion that Congress intends to overcome Blockburger. See Garrett, 471 U. S., at 782. But the legislative history amicus offers pertains to double convicting for subsection (c) and its predicates—a practice Congress expressly authorized in the text. See Brief for Court-Appointed Amicus Curiae 26–28. For obvious reasons, this is unhelpful data for interpreting the relationship between subsections (c) and (j). If anything, it illuminates the sort of discussion that characterizes congressional deliberation over legislation that does intend to authorize cumulative punishment—and thus highlights the notable absence of any similar deliberation over subsection (j). See Brief for National Association of Criminal Defense Lawyers as Amicus Curiae 5–10.

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