Barrett v. United States · ¶83

Today, to be sure, the Court has no occasion to tangle with any of this. The parties have not asked us to address the tension in our case law. Nor does anything here turn on its resolution, given the Court's holding that one of Mr. Barrett's convictions must go even under the merely presumptive version of Blockburger. All this, the Court rightly takes care to acknowledge. See ante, at 138, n. 9 (“Because we conclude that Congress did not authorize two convictions in this context, we need not revisit whether Congress could do so consistent with the Double Jeopardy Clause”).

preliminary print (page proof)
Source edition
Passage preview. Read in context for the complete text, notes and references.