ALBERNAZ V. UNITED STATES
450 U.S. 333 (1981)
NATURE OF THE CASE: Albernaz el al (D) were convicted on separate counts of conspiracy to
import marihuana, and conspiracy to distribute marihuana. D received consecutive sentences
on each count, the length of each of their combined sentences exceeding the maximum which
could have been imposed either for a conviction of conspiracy to import or for a conviction
of conspiracy to distribute. The Court of Appeals affirmed the convictions and sentences.
FACTS: Ds were involved in an agreement, the objectives of which were to import marihuana
and then to distribute it domestically. Ds were charged and convicted under two separate
statutory provisions and received consecutive sentences. The length of each of their
combined sentences exceeded the maximum 5-year sentence which could have been imposed either
for a conviction of conspiracy to import or for a conviction of conspiracy to distribute. Ds
appealed and the Court of Appeals affirmed. The Supreme Court granted certiorari. Ds contend
it is not clear whether Congress intended to authorize multiple punishment for violation of
the two statutes in question in a case involving only a single agreement or conspiracy, even
though that isolated agreement had dual objectives. Ds went to invoke the rule of lenity and
hold that the statutory ambiguity on this issue prevents the imposition of multiple
punishment. Ds further contend that even if cumulative punishment was authorized by
Congress, such punishment is barred by the Double Jeopardy Clause of the Fifth Amendment.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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