Can a defendant who has been convicted for possession with intent to distribute narcotics receive a single sentence for possession of the same drug?

MultiRegion, United States of America

The following excerpt is from U.S. v. Negron, 990 F.2d 1264 (9th Cir. 1993):

In United States v. Palafox, 764 F.2d 558 (9th Cir.1985) (en banc), this court ruled that although a defendant can be convicted for possession with intent to distribute narcotics and for distribution of the same narcotics, only one punishment should be imposed. Id. at 562. The court resolved the apparent tension between multiple convictions and a single sentence by instructing the district court to stay the entry of judgment of conviction and the imposition of sentence on one count, while permitting the entry of judgment and imposition of sentence on the other count. Id. at 564. The court further ordered that the stay would become permanent upon completion of the sentence not stayed. Id.

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