United States Third Circuit

A conviction for simple possession of cocaine base is affirmed over his claims of error: 1) that the Federal Rules of Criminal Procedure do not permit conviction for more than one lesser included offense arising out of a single charged offense; 2) that simple possession is not a lesser included offense of possession with intent to distribute; 3) on grounds of double jeopardy; and 4) on grounds of insufficiency of the evidence.

Appellate Information

• Argued 03/07/2006
• Decided 05/05/2006
• Published 05/05/2006

Judges

• Before RENDELL and AMBRO, Circuit Judges, and SHAPIRO, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Penny Marshall [Argued], Office of Federal Public Defender, Wilmington, DE, for Appellant.


• For Appellees:
  
• Shannon T. Hanson [Argued], Office of the U.S. Attorney, Wilmington, DE, for Appellee.