United States Fourth Circuit

Because defendant's illegal conduct amounted only to a single violation of 21 U.S.C. section 844(a), in that simultaneous possession of the separate packages of cocaine base constituted a single offense, one of his two convictions vacated and remanded for resentencing.

Appellate Information

• Argued 02/28/2002
• Decided 04/30/2002
• Published 04/30/2002

Judges

• Before WILKINS, LUTTIG, and GREGORY, Circuit Judges.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Oldric Joseph Labell, Jr., Newport News, Virginia, for Defendant-Appellant.  Robert Edward Bradenham, II, Assistant United States Attorney, Norfolk, Virginia, for Plaintiff-Appellee.   ON BRIEF:  Paul J. McNulty, United States Attorney, Norfolk, Virginia, for Plaintiff-Appellee.