Is there a merger between possession of heroin and distribution of heroin?
MultiRegion, United States of America
The following excerpt is from U.S. v. Gore, 154 F.3d 34 (2nd Cir. 1998):
4 Two of our cases have addressed the "merger" issue in dicta. In United States v. Jones, 779 F.2d 121 (2d Cir.1985), a case involving convictions for both distribution of heroin and possession of heroin with intent to distribute it, we noted in dicta that there was no merger problem "since the possession count related to heroin other than that involved in the sale count." Id. at 122.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
In what circumstances will a defendant not only be convicted but convicted of drug possession, but of possessing and possessing heroin, not having any authority or control of the drugs? (MultiRegion, United States of America)
Is there a difference between possession with intent to distribute and actual distribution of heroin? (MultiRegion, United States of America)
Is possession with intent to distribute and actual distribution of heroin a separate criminal offence? (MultiRegion, United States of America)
What is the test for a drug dealer to be convicted of possession of heroin with intent to distribute the drug without trial? (MultiRegion, United States of America)
What is the difference between possession with intent to distribute and possession of a drug? (MultiRegion, United States of America)
Is there any case law where a defendant has been convicted of possession with intent to distribute heroin as charged in Count Two? (MultiRegion, United States of America)
What is the test for overturning an order denying a defendant bail pending trial on a charge of conspiracy to distribute and possess with intent to distribute crack cocaine? (MultiRegion, United States of America)
What is the case law on the charge of conspiracy to import heroin and possession of heroin? (MultiRegion, United States of America)
What is the test for sustaining a conviction for possession of methamphetamine with intent to distribute, and for being a felon in possession of a firearm? (MultiRegion, United States of America)
Does joint possession of a drug preclude a finding of possession with intent to distribute to a third person? (MultiRegion, United States of America)
