Prison OffensesDouble Jeopardy
When an inmate possesses a weapon and subsequently uses that weapon
commit a separate offense (e.g., assault or murder), conviction and
sentencing on both charges does not constitute double jeopardy because
of contraband is not a lesser included offense of the substantive crime.
See United States v. Fountain, 642 F.2d 1083 (7th Cir.),
denied, 451 U.S. 993 (1981).|
[cited in USAM 9-69.300]