Barrett v. United States · ¶74

There is no doubt how we would answer that question if the government had prosecuted Mr. Barrett under §924(c)(1)(A) and §924(j) in two successive proceedings. The analysis would begin and end with Blockburger v. United States, 284 U. S. 299 (1932). Under Blockburger, two provisions create the same offense for double jeopardy purposes unless each provision has an element the other lacks. Id., at 304. Here, all agree that § 924(c)(1)(A) has no element that §924(j) lacks. So the two provisions create the same offense, and the Double Jeopardy Clause would bar the second prosecution. United States v. Dixon, 509 U. S. 688, 696 (1993).

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