United States v. Jerry E. Campbell

Appellant Jerry E. Campbell appeals from a jury conviction 1 of attempting to introduce marijuana into the federal correctional institution at Sandstone, Minnesota, in violation of 18 U.S.C. § 1791 (1976) and 28 C.F.R. § 6.1. The single issue before us is whether the district court erred in declining to give a lesser included offense instruction on simple possession of marijuana, 21 U.S.C. § 844 (1976).

For the reasons discussed below, we affirm the conviction and judgment of the district court.

Appellant was charged under a single-count grand jury indictment on June 6, 1980, with actions…