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CRM 1500-1999

1778 Prison Offenses -- Double Jeopardy

When an inmate possesses a weapon and subsequently uses that weapon to commit a separate offense (e.g., assault or murder), conviction and consecutive sentencing on both charges does not constitute double jeopardy because possession of contraband is not a lesser included offense of the substantive crime. See United States v. Fountain, 642 F.2d 1083 (7th Cir.), cert. denied, 451 U.S. 993 (1981).

[cited in JM 9-69.300]