U.S. v. Bobb, 2009 WL 2391918 (August 6, 2009)
The defendant was convicted on both charges and sentenced to 96 months imprisonment and five years’ supervised release. Defendant appealed and argued that he received multiple punishments for the same offense. The defendant argued that it is impossible to receive a thing, without, at least the very instant of receipt, also possessing it and thus possession is a lesser included offense of receipt. Considering defendant’s argument, the Court looked to the statutory construction of each provision and then to legislative intent and found that, in concurrence with the Third and Ninth Circuits, Congress did not intend to punish a defendant twice for the same criminal act. However, in the instant case, the defendant was charged with two separate offenses on two separate dates, therefore the Eleventh Circuit affirmed the convictions and sentences.
