Punishment Permitted for Both Attempt and Conspiracy in Seventh Circuit
Police found marijuana hidden in a car that Maurice Crowder and a colleague tried to ship from Arizona to Illinois. Crowder was then charged with, convicted of, and sentenced for two crimes: attempted possession with intent to distribute and conspiracy, both in violation of 21 U.S.C. § 846. Sounds like double-dipping, right? After all, both crimes of conviction arose from the same underlying criminal plot. Crowder appealed to the Seventh Circuit on this basis, arguing that he could not be punished for both crimes.
Crowder’s appeal raised an issue that has divided other circuits. The Ninth Circuit prohibits double punishment for attempt and conspiracy under § 846 if both convictions arise from a “single course of action.” By contrast, the Sixth, Eighth, and Tenth Circuits permit double punishment in these circumstances.
In United States v. Crowder (No. 08-3320) (Kanne, J.), the Seventh Circuit sided with the Sixth, Eighth, and Tenth Circuits, and affirmed Crowder’s conviction and sentence.