Rutledge v. United States

Rutledge (defendant), who ran a drug ring, was charged with both conspiracy to distribute drugs under 21 U.S.C. § 846 and running a continuing criminal enterprise (CCE) under 21 U.S.C. § 848. A jury convicted him on both counts, and the judge imposed concurrent life sentences for each. Rutledge appealed, arguing he was being punished twice for what was really one offense; the Seventh Circuit agreed the conspiracy count was a lesser included offense of the CCE count but still affirmed both convictions, and the Supreme Court granted certiorari to resolve a circuit split.