Barrett v. United States · ¶9

All agree on the first step of the analysis: Subsection (c)(1)(A)(i) and subsection (j) define the same offense under the test set forth in Blockburger v. United States, 284 U. S. 299 (1932). That consensus carries us most of the way to resolving this case, as we have long presumed that Congress intends to authorize only one conviction per offense. We resolve the rest by concluding that this presumption holds true here: Congress intended subsection (j) as an alternative, not a supplement, to subsection (c)(1)(A)(i). At the very least, Congress did not clearly manifest a contrary intention, as it would have to do if it wished to authorize two convictions in these circumstances. We thus reverse in part the Second Circuit's contrary judgment.

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