Is punishment as a persistent felony a lesser included within punishment for the same crime?

What Sailor may be contending, or at least assuming, is that punishment as a second felony offender is lesser included within punishment as a persistent felony offender. As a general rule, "the Fifth Amendment forbids successive prosecution and cumulative punishment for a greater and lesser included offense." Brown v. Ohio, 432 U.S. 161, 169, 97 S.Ct. 2221, 2227, 53 L.Ed.2d 187 (1977) (footnote omitted). Whether the "lesser included offense" principle applies to "lesser included" punishments for purposes of double jeopardy is by no means clear. Even Sailor does

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