What is the difference between a conviction for transporting a stolen vehicle in foreign commerce and a conviction of possession of the stolen vehicle?

MultiRegion, United States of America

The following excerpt is from U.S. v. Palacios, 835 F.2d 230 (9th Cir. 1987):

Moreover, this is not the first time that we have confronted this distinction. In United States v. Wolf, 813 F.2d 970 (9th Cir.1987), the defendant was convicted of transporting a stolen vehicle in foreign commerce in violation of 18 U.S.C. Sec. 2312, and for possessing the vehicle while transporting it in violation of 18 U.S.C. Sec. 2313. The district court imposed a five-year sentence for the transportation offense and a separate sentence of five years' probation for the possession offense, the sentences to run consecutively. In upholding the consecutive sentences, we found that proof of the defendant's possession was not limited to the time and place necessary to committing the act of transporting the stolen van. In distinguishing this feature from other cases, we stated:

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