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U.S. v. Johnson, No. 96-6393 (10th Cir.) (130 F.3d 1420) (December 16, 1997) (Judge Mary Beck Briscoe)

This case is noted for its discussion of the "same elements test" and its statement that "the assumption underlying the Blockburger rule is that Congress ordinarily does not intend to punish the same offense under two different statutes".

A few weeks ago, in our issue dated December 29, 1997, we ...

 

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