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WITTE v. UNITED STATES

No. 94-6187.

515 U.S. 389 (1995)

WITTE v. UNITED STATES

United States Supreme Court.

Decided June 14, 1995.

Attorney(s) appearing for the Case

H. Michael Sokolow argued the cause for petitioner. With him on the briefs were Roland E. Dahlin II and Thomas S. Berg.

Edward C. DuMont argued the cause for the United States. With him on the brief were Solicitor General Days, Assistant Attorney General Harris, Deputy Solicitor General Dreeben, and Joseph C. Wyderko.*

O'Connor, J., delivered the opinion of the Court, in Parts I, II, and IV of which Rehnquist, C. J., and Kennedy, Souter, Ginsburg, and Breyer, JJ., joined, and in Part III of which Stevens, Souter, Ginsburg, and Breyer, JJ., joined. Scalia, J., filed an opinion concurring in the judgment, in which Thomas, J., joined, p. 406.Stevens, J., filed an opinion concurring in part and dissenting in part, p. 407.

Justice O'Connor delivered the opinion of the Court.†

The Double Jeopardy Clause of the Fifth Amendment to the United States Constitution prohibits successive prosecution or multiple punishment for "the same offence." This case, which involves application of the United States Sentencing Guidelines, asks us to consider whether a court violates that proscription by convicting and sentencing a defendant for a crime when the conduct...

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