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.
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