United States Third Circuit

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US v. Benjamin, 11-2906

Defendant's conviction and sentence for being a felon-in-possession of a firearm, and for possession with intent to distribute marijuana and cocaine base are: 1) affirmed in part, where there was sufficient evidence to support the gun and drug charges; 2) affirmed in part, where defendant's parole status was admitted for a proper purpose under Rule 404(b) as helpful background; but 2) reversed and remanded in part, where: a) the felon-in-possession crime is a continuing offense, b) without evidence that defendant relinquished constructive possession of the gun, there could be only one possession conviction, c) so the district court committed plain error when it convicted and punished defendant for two separate counts of possession of a firearm by a convicted felon, d) defendant's substantial rights were affected by the second conviction, and e) the error seriously affected the fairness, integrity or public reputation and judicial proceedings such that the court should exercise its discretion to correct the error.

Appellate Information

  • Decided 03/26/2013
  • Published 03/26/2013




  • United States Third Circuit


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