Quote Quoting budwad
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Gorsuch explained it this way:
That is the test often stated. The same test is usually used for lesser included offenses. But in the case of double jeopardy, that test may not be adequate. Let's suppose that the facts needed for conviction for the state offense and the federal offense are the same except for one: that for the federal offense the feds have to prove a connection to interstate commerce. That's usually not difficult to do. For example, for the feds to make the case on many computer crimes, they need to show that either the computer used for the crime was connected with interstate commerce (which of course they will be as at least one or more parts for the computer if not the whole computer was shipped interstate) or that the communications with the computer passed over an interstate system, which again is easy since the internet is by its nature an interstate system.

So, let's say Alan is being prosecuted for receiving child porn on his computer, a crime that in his state requires proving the same thing that the feds have to prove except the feds have to prove some connection to interstate commerce, which is easy because the images were received over the internet. From Alan's perspective the crime is exactly the same; he didn't have to do anything different to be guilty of the offense under both federal and state laws. Used the same computer, received the same photos/videos, etc. The only difference is that the feds require that interstate connection and the state doesn't, something that doesn't require him to do anything extra or different. If the idea is to prosecute only once for what is really just one criminal act then I think Alan shouldn't be subject to prosecution under both federal and state laws. Yet, a literal application of the line drawn as Justice Gorsuch set it out would allow just that. It would make it easy for the state and the feds to get around the double jeopardy limitation (if you toss the dual sovereignty concept) leaving us much in the same place as we are now.