of possession with intent to distribute under 21 U.S.C. § 841(a)(1). United States v. Lucien, 61 F.3d 366, 372-74 (5th Cir.1995). But under the Blockburger rule, possession with intent to distribute and simple possession constitute only one offense only where “the same act or transaction constitutes a violation” of both § 841(a)(1) and § 844(a). Rutledge, 517 U.S. at 297, 116 S.Ct. 1241 (emphasis added) (quoting Blockburger v. United States, 284 U.S. 299, 304, 52 S.Ct. 180, 76 L.Ed. 306 (1932)). If, however, the greater offense of possession with intent to distribute and the lesser offense of simple possession arise out of two separate acts, and not “the same act or transaction,” then the lesser offense is not included in the greater. See Blockburger, 284 U.S. at 301-03, 52 S.Ct. 180 (<HOLDING>). In United States v. Johnson, the defendant
holding two days is sufficient to prove causation holding that two unlawful sales of narcotics to the same purchaser on consecutive days constituted two offenses punishable separately holding that two robberies of different people at the same time are two separate offenses calling for two judgments and two sentences when the defendants were convicted of taking a grandfathers wallet pistol and car and taking a grandsons fishing equipment holding that when two underlying offenses are charged in an indictment for capital murder the state need only prove one of the two offenses to support the conviction holding that successive sales of narcotics constitute distinct offenses and may be separately prosecuted however close in time they occur