That is, a prosecution for possessing with intent to distribute drugs is a lesser included offense of possession with intent to distribute drugs within 1,000 feet of a school.United States v. Reed, 980 F.2d 1568 (11th Cir. 1993)A defendant who has already been convicted of being a member of a conspiracy to import cocaine cannot later be prosecuted for a CCE violation where the conspiracy was part of the “series” element of the CCE. Though the Supreme Court held in Garrett v. United States, 471 U.S. 773 (1985) that a defendant could be prosecuted for CCE after a substantive drug conviction, that reasoning does not apply with regard to a prior conspiracy conviction.Mars v. Mounts, 895 F.2d 1348 (11th Cir. 1990)The defendant was charged with murder, and in a bill of particulars the State alleged that the crime occurred between 5:00 p.m. on January 29 and 12:59 a.m. on January 30. At trial, however, the evidence showed that the homicide occurred after 12:59 a.m. on January 30.