Cite as: 515 U. S. 389 (1995)
Opinion of the Court
the judgment, in which Thomas, J., joined, post, p. 406. Stevens, J., filed an opinion concurring in part and dissenting in part, post, p. 407.
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.*
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 underlying that offense has been considered in determining the defendant's sentence for a previous conviction.
I
In June 1990, petitioner Steven Kurt Witte and several co-conspirators, including Dennis Mason and Tom Pokorny, arranged with Roger Norman, an undercover agent of the Drug Enforcement Administration, to import large amounts of marijuana from Mexico and cocaine from Guatemala. Norman had the task of flying the contraband into the United States, with Witte providing the ground transportation for the drugs once they had been brought into the country. The following month, the Mexican marijuana source advised the conspiracy participants that cocaine might be added to the
*Peter Goldberger and Scott A. Srebnick filed a brief for the National Association of Legal Defense Lawyers as amicus curiae urging reversal.
†The Chief Justice and Justice Kennedy join all but Part III of this opinion, and Justice Stevens joins only Part III.
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