Nature of the Case
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Facts
D organized and supervised a criminal enterprise that distributed cocaine. D was charged with several offenses. He was charged with a conspiracy and from the agreement of the conspiracy was also charged for a Continuing Criminal Enterprise. A jury found D guilty on all counts. The trial court imposed a sentence of life imprisonment without possible release on each count, the sentences to be served concurrently. D was also ordered to pay a special assessment of $50 on each count. D appealed contending pro se that even though the life sentences were concurrent, entering both convictions and sentences impermissibly punished him twice for the same offense. The Court of Appeals held that the conspiracy charge was a lesser included offense of the CCE charge but nonetheless upheld the punishment because concurrent sentences may be imposed for conspiracy and CCE, provided the cumulative punishment does not exceed the maximum under the CCE act. Most federal courts that have confronted the question hold that only one judgment should be entered when a defendant is found guilty on both a CCE count and a conspiracy count based on the same agreements. The Supreme Court granted certiorari.
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