Rutledge v. United States

Summary

The Court unanimously held that a conspiracy under 21 U.S.C. § 846 is a lesser included offense of conducting a continuing criminal enterprise under § 848 when both charges rest on the same agreement. Congress did not authorize cumulative punishment for those offenses, and concurrent sentences do not cure the problem: the second conviction carried a mandatory special assessment and therefore constituted additional punishment. One conviction and its concurrent sentence must be vacated. The Court rejected the Government’s argument that retaining both convictions was necessary to preserve a backup conviction if the greater offense were later overturned. It reversed the Seventh Circuit’s judgment and remanded. Justice Stevens wrote for the Court; there were no separate opinions.