With no explanation, chose the best option from "A", "B", "C" or "D". a violation of two distinct statutory provisions, the test to be applied to determine whether there are two offenses or only one, is whether each provision requires proof of a fact which the other does not.” (emphasis added). This test does not apply, however, where, as here, a defendant is charged with two separate violations of the same statutory provision. The soundness of this point is well-illustrated by a simple hypothetical in which a defendant is charged under the same statute with the murders of Victim A and Victim B. Under Blockburger, which looks only to the statutory elements of the indictments, these would be the same crimes in the abstract. Yet, it is clear that a defendant could be charged for the murder of both victims. See Sanabria, 437 U.S. at 70 n. 24, 98 S.Ct. 2170 (<HOLDING>). In sum, in each of his two trials Powell was

A: holding that the dismissal of criminal charges for evidentiary insufficiency is an acquittal for purposes of the double jeopardy clause
B: holding that denial of employees request for respirators under the rehabilitation act was a discrete act of discrimination under morgan
C: holding aiding and abetting is not a discrete criminal offense
D: holding that the protection of the double jeopardy clause does not preclude a defendant from being charged under a statute  defining as the criminal offense a discrete act after a prior conviction or acquittal of a distinguishable discrete act that is a separate violation of the statute
D.