United States v. Jeffrey Leon Dale

OPINION

SILER, Circuit Judge.

Jeffrey Dale was convicted on one count of conspiracy to distribute both cocaine base (crack) and marijuana in violation of 21 U.S.C. §§ 841(a)(1) and 846. His sentence of 295 months was calculated under the Sentencing Guidelines and the statutory maximum sentence of 40 years imprisonment for conspiring to distribute crack. He appeals both the conviction and the sentence. He argues on appeal that the single count was duplicitous in that it charged him with two separate offenses. We remand for the reasons stated herein.

I. BACKGROUND

Dale was a prisoner at Silverdale,…