United States Sixth Circuit

The elements of simple possession under 21 USC 844(a) are not identical to part of the elements of conspiracy to distribute and possess with intent to distribute over 500 grams of cocaine under 21 USC 846, 841(a) to warrant a lesser-included-offense instruction.

Appellate Information

• Decided 10/05/2001
• Published 10/05/2001

Judges

• Before:  MOORE and COLE, Circuit Judges;  ROSEN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• Robyn Jones Hahnert (briefed), Office of United States Attorney, Columbus, OH, for Plaintiff-Appellee., Steven S. Nolder (briefed), Alan J. Pfeuffer (briefed), Federal Public Defender's Office, Columbus, OH, for Defendant-Appellant.