William J. Brennan, Jr.

“ The Court's decision today is inconsistent with the principles of Blockburger because it allows separate offenses to be proved and separate punishments to be imposed upon the proof of a single fact. The petitioner has been convicted of a sale of narcotics 'not from the original stamped package' in violation of 26 U.S.C. (Supp. V) § 4704 (a) , 26 U.S.C.A. § 4704 (a) , and for having 'facilitated the concealment and sale' of narcotics in violation of 21 U.S.C. § 174, 21 U.S.C.A. § 174. ”

“ Gore v. United States
Argued: May 19, 1958. --- Decided: June 30, 1958
Mr. Justice BRENNAN, dissenting.
Even assuming the vitality of Blockburger v. United States, 284 U.S. 299, 52 S.Ct. 180, 76 L.Ed. 306, I must dissent from the disposition of this case. ”