Blockburger v. United States

In Blockburger v. United States, 284 U.S. 299, 76 L. Ed. 306, 52 S. Ct. 180 (1932) the Supreme Court addressed the propriety of "multiple punishments" assessed against a defendant, in a single proceeding, for his multiple violations of the same narcotics statute by different acts committed on different days. In Blockburger, the defendant was found guilty of two sales on different days of different discrete quantities of the same drug, morphine, to the same purchaser. 284 U.S. at 301. He was also charged, in connection with the last sale, with selling the morphine to a buyer who did not have a valid "written order." Id. The Supreme Court upheld the two counts for the two separate sales because they were each a "separate and distinct sale completed by its delivery." Id. The Court stated that "each of several successive sales constitutes a distinct offence, however closely they may follow each other." Id. at 302. The Court set out the double jeopardy test for "sameness" in these circumstances: "the test is whether the individual acts are prohibited, or the course of action which they constitute. If the former, then each act is punishable separately. ... If the latter, there can be but one penalty." Under Blockburger, "this test hinges on the legislative intent of the statute at issue." In Blockburger, the Supreme Court held that each distinct sale of a discrete quantity of the same drug to the same purchaser on different occasions constituted a distinct offense, because "the first transaction, resulting in a sale, had come to an end. The next sale was not the result of the original impulse, but of a fresh one - that is to say, of a new bargain." Blockburger, 284 U.S. at 303. Each sale involved a separate quantity of drugs and each sale was a separate quid pro quo transaction.