United States v. Greg Lynn Makley

Makley was convicted of two counts of an indictment, the first charging a conspiracy to unlawfully smuggle marijuana into the United States (21 U.S.C. § 963) and the second charging the substantive offense of the smuggling itself (21 U.S.C. § 952(a)). In urging reversal, Makley first contends, in effect, that the two offenses merged into one offense and that it was improper to convict him on two. Since the district judge fixed the same punishment on both offenses and ordered that the punishments be served concurrently, we choose not to discuss this contention.

Makley’s second argument is that…