United States v. Dixon

Justice White,

with whom

Justice Stevens joins, and with whom Justice Souter joins as to Part I, concurring in the judgment in part and dissenting in part.

I am convinced that the Double Jeopardy Clause bars prosecution for an offense if the defendant already has been held in contempt for its commission. Therefore, I agree with the Court’s conclusion that both Dixon’s prosecution for possession with intent to distribute cocaine and Foster’s prosecution for simple assault were prohibited. In my view, however, Justice Scalia’s opinion gives short shrift to the arguments raised by the United…