United States v. LaPointe, No. 11-5194 (6th Cir. 2012)
Annotate this CaseConvicted of conspiring to distribute or conspiring to possess with the intent to distribute oxycodone, 21 U.S.C. 846 and 841(a)(1), and attempting to possess oxycodone with the intent to distribute, 21 U.S.C. 846, LaPointe was sentenced to concurrent terms of 63 months. The Sixth Circuit remanded for a new trial on the first count, holding that he should have received an instruction on the lesser-included offense of conspiracy to possess oxycodone, a misdemeanor. The court affirmed on the second count, rejecting an argument that the prosecution failed to prove that he took a “substantial step” toward possession.
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