United States v. Pedro Gomez, A/K/A Jose Rivera Lopez

OPINION OF THE COURT

GARTH, Circuit Judge:

Three issues have been raised before us on this appeal by Pedro Gomez from his criminal conviction under the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 U.S.C. § 801 et seq. (1977). First, we are asked to consider whether the defendant Gomez can properly be sentenced on two convictions; one baséd on possession of a controlled substance with intent to distribute (Count II) and the other based on actual distribution (Count III) when both convictions arise out of the same criminal undertaking. Second, if both sentences cannot be…