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the criminal justice system gives prosecuting attorneys broad discretion to make major decisions including which cases to prosecute and which crime to charge a defendant with when a defendantamp;#39;s conduct violates two statutes a prosecutor may charge the defendant under either statute but what if one statute carries a harsher sentence than the other in united states versus batch elder the supreme court considered whether a prosecutoramp;#39;s discretion is limited when two statutes impose inconsistent penalties for identical conduct the omnibus crime control and safe streets act of 1968 included two overlapping provisions that prohibited convicted felons from receiving firearms transported through interstate commerce the first provision set a maximum penalty of two years imprisonment but the second authorized a maximum of five years imprisonment for the exact same offense milton batchelder was a previously convicted felon who obtained a gun that had traveled through interstate co
