United States v. Efren Cortes

Appellant, Efren Cortes, attacks the trial court’s denial of his motion to compel the government to elect between the charges of possession of cocaine with intent to distribute and the actual distribution of the cocaine. Cortes was charged in a two count indictment; each count alleged a separate violation of 21 U.S.C. § 841(a)(1) (1976). 1 The motion was made prior to trial and was renewed at the conclusion of the evidence. Both counts result from a single sale of cocaine by Cortes to an undercover D.E.A. agent.

It is important to distinguish what this case is not about. United States v.…