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U.S. v. BENNAFIELD

No. 01-4344.

287 F.3d 320 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Robert T. BENNAFIELD, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 30, 2002.

Attorney(s) appearing for the Case

ARGUED: Oldric Joseph Labell, Jr., Newport News, Virginia, for Defendant-Appellant. Robert Edward Bradenham, II, Assistant United States Attorney, Norfolk, Virginia, for Plaintiff-Appellee. ON BRIEF: Paul J. McNulty, United States Attorney, Norfolk, Virginia, for Plaintiff-Appellee.

Before WILKINS, LUTTIG, and GREGORY, Circuit Judges.

Affirmed in part, vacated in part, and remanded by published opinion. Judge WILKINS wrote the opinion, in which Judge LUTTIG and Judge GREGORY joined.

OPINION

WILKINS, Circuit Judge.

Robert T. Bennafield appeals his convictions and sentences for two counts of possession of a controlled substance, see 21 U.S.C.A. § 844(a) (West 1999), arguing, inter alia, that his convictions are unconstitutionally duplicative. We affirm in

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