McDade v. United States

This appeal was heard on the record, briefs, and argument of counsel for respective parties;

And the Court being of the opinion that the offense described in Section 2553(a), Title 26 U.S.Code, which is charged in the second count of the Information, is a different offense from the offense described in Section 174, Title 21 U.S.C.A., which is charged in the third count of the Information, in that each requires proof of a fact which the other does not, Gavieres v. United States, 220 U.S. 338, 342, 31 S.Ct. 421, 55 L.Ed. 489; Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed.…