United States v. Marvin R. "Rusty" Hall

TACHA, Circuit Judge.

Marvin Ralph “Rusty” Hall appeals from the district court’s denial of his motion to vacate his conviction. For the reasons explained, we affirm.

In July, 1982, a grand jury indicted Hall charging him with conspiring to commit certain drug felonies in violation of 21 U.S. C. § 846 and engaging in a continuing criminal enterprise (CCE) in violation of 21 U.S. C. § 848. Hall was convicted on both counts. He appealed, and this court vacated the conspiracy conviction on the grounds that 21 U.S.C. § 846 (conspiracy) is a lesser offense included within 21 U.S.C. § 848 (continuing…