Barrett v. United States · ¶80

A second solution would be to recognize, as others of our cases imply, that two charges amount to the same offense under the Double Jeopardy Clause if they fail the Block- burger test—full stop. So a defendant cannot be prosecuted for both charges in successive proceedings. Nor may he be convicted twice (much less sentenced twice) for both charges just because they happen to be brought concurrently. True, this approach would require us to admit that Blockburger is not, after all, a mere presumption in the concurrent- prosecution context. But saying that much would give the constitutional phrase “the same offence” a consistent meaning and treat like cases alike.

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