holding that “[t]he Double Jeopardy Clause at the very least precludes federal courts from imposing consecutive sentences unless authorized by Congress to do so,” and “where two statutory provisions proscribe the ‘same offense,’ they are construed not to authorize cumulative punishments in the absence of a clear indication of contrary legislative intent”
How later courts described this case
- holding that “[t]he Double Jeopardy Clause at the very least precludes federal courts from imposing consecutive sentences unless authorized by Congress to do so,” and “where two statutory provisions proscribe the ‘same offense,’ they are construed not to authorize cumulative punishments in the absence of a clear indication of contrary legislative intent”
- holding that rape and a “killing committed in the course of a rape” are the same offense under Blockburger because the killing charge requires proof of all the elements of the rape charge and therefore, in the absence of a contrary legislative intent, separate punishments are impermissible
- explaining that if multiple punishments for the same offense are imposed absent express legislative authorization, the court is acting beyond its own authority in violation of the constitutional guarantee against double jeopardy and the constitutional principle of separation of powers.
- explaining without disapproval that the appellate court vacated a sentence for second degree murder because it believed second degree murder was a lesser included offense of felony murder notwithstanding that the two were separate offenses under the prevailing ease law
Written by the judges who cited it.
Later courts went against this
Questioned by United States v. James Marty Stafford, 831 F.2d 1479 (1987)
However, the Supreme Court's subsequent decision in Whalen casts doubt on this approach.
Disagreed with by a later decision, 830 F.2d 842 (1987)
We must disagree with this last argument, because it is inconsistent with the Supreme Court's opinion in Whalen, supra, 445 U.S. at 694, 100 S.Ct. at 1439.
Disagreed with by United States v. Kragness, 830 F.2d 842 (1987)
We must disagree with this last argument, because it is inconsistent with the Supreme Court’s opinion in Whalen, supra, 445 U.S. at 694, 100 S.Ct. at 1439.
Distinguished
Distinguished by State v. Meneses, 238 P.3d 495 (2010)
See id. at 694-95, 100 S.Ct. 1432. Whalen's rule is inapplicable here because, as discussed below, Meneses's crimes each required proof of a fact the other did not.
The opinion
Mr. Justice White,
concurring in part and concurring in the judgment.
Because the District of Columbia Court of Appeals did not take account of § 23-112 of the District of Columbia Code, this is one of those exceptional cases in which the judgment of that court is not entitled to the usual deference. *696 Pernell v. Southall Realty, 416 U. S. 363, 369 (1974). This conclusion, in my opinion, need not rest on any constitutional considerations.
I agree for the reasons given by the Court that in light of § 23-112 and its legislative history, the court below erred in holding that Congress intended to authorize cumulative punishments in this case. But as I see it, the question is one of statutory construction and does not implicate the Double Jeopardy Clause. Had Congress authorized cumulative punishments, as the District of Columbia Court of Appeals held in this case, imposition of such sentences would not violate the Constitution. I agree with Mr. Justice Blackmun and Mr. Justice Rehnquist in this respect.