300
Opinion of the Court
an agreement among the persons involved in the continuing criminal enterprise. So construed, § 846 is a lesser included offense of § 848, because § 848 requires proof of every fact necessary to show a violation under § 846 as well as proof of several additional elements." Id., at 149-150.
In the years since Jeffers was decided, the Courts of Appeals have also consistently rejected the Government's interpretation of the "in concert" language of § 848; they have concluded, without exception, that conspiracy is a lesser included offense of CCE.11 We think it is appropriate now to resolve the point definitively: For the reasons set forth in Jeffers, and particularly because the plain meaning of the phrase "in concert" signifies mutual agreement in a common plan or enterprise, we hold that this element of the CCE offense requires proof of a conspiracy that would also violate § 846. Because § 846 does not require proof of any fact that is not also a part of the CCE offense, a straightforward application of the Blockburger test leads to the conclusion that conspiracy as defined in § 846 does not define a different offense from the CCE offense defined in § 848. Furthermore, since the latter offense is the more serious of the two, and because only one of its elements is necessary to prove a § 846 conspiracy, it is appropriate to characterize § 846 as a lesser included offense of § 848.12
11 See, e. g., Rivera-Martinez, 931 F. 2d, at 152 (CA1); Aiello, 771 F. 2d, at 633 (CA2); Neal, 27 F. 3d, at 1054 (CA5); United States v. Chambers, 944 F. 2d 1253, 1268 (CA6 1991), cert. denied, 502 U. S. 1112, sub nom. Lucas v. United States, 503 U. S. 989 (1992); 40 F. 3d 879, 886 (CA7 1994) (case below); Possick, 849 F. 2d, at 341 (CA8); Hernandez-Escarsega, 886 F. 2d, at 1582 (CA9); Stallings, 810 F. 2d, at 975 (CA10); United States v.
Graziano, 710 F. 2d 691, 699 (CA11 1983).
12 Garrett v. United States, 471 U. S. 773, 794-795 (1985), is not to the contrary. There, we affirmed the defendant's prosecution for a CCE violation even though he had previously pleaded guilty to a predicate crime of importing marijuana. Ibid. That holding, however, merely adhered to our understanding that legislatures have traditionally perceived a quali-
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