Monday, November 4, 2013

Rutledge v. United States case brief

Rutledge v. United States case brief summary
517 U.S. 292 (1996)

Defendant was charged with various drug-related offenses. The jury convicted defendant on all counts and the district court sentenced defendant to two concurrent life sentences. Defendant appealed and the United States Court of Appeals for the Seventh Circuit affirmed the convictions. The court granted certiorari.

Defendant was charged with engaging in a continuing criminal enterprise in violation of 21 U.S.C.S. § 848 and conspiracy in violation of 21 U.S.C.S. § 846. On appeal, defendant claimed that the district court impermissibly punished him twice for the same offense by entering both convictons and sentences.

The court held that conspiracy was a lesser-included offense of the continuing a criminal enterprise charge because defendant's guilty verdict on the continuing criminal enterprise charge necessarily included a finding that defendant also participated in a conspiracy in violation of § 846.


The judgment was reversed and the case was remanded.

Recommended Supplements for Criminal Procedure Criminal Procedure: Examples & Explanations, Sixth Edition
Emanuel Law Outline: Criminal Procedure

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