United States v. Joseph, No. 11-10492 (9th Cir. 2013)
Annotate this CaseDefendant pled guilty to two counts of possession of contraband and one count of providing contraband to an inmate, all in violation of 18 U.S.C. 1791. On appeal, defendant argued that the district court plainly erred in interpreting section 1791(c). Because the court held that section 1791(c) only required consecutive sentences where there was more than one conviction resulting from a single item of a controlled substance, the court reversed and remanded for resentencing.
Court Description: Criminal Law. Vacating a sentence imposed following a guilty plea to two counts of possession of contraband by an inmate and one count of providing contraband to an inmate in violation of 18 U.S.C. § 1791, the panel held that the district court committed plain error by interpreting 18 U.S.C. § 1791(c) to require consecutive sentencing for controlled substances offenses that arose out of separate items of drugs.
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