United States v. David P. Talley

MAGILL, Circuit Judge.

David P. Talley appeals his conviction for violation of 18 U.S.C. § 922(g) (1988) and the enhancement of his sentence pursuant to 18 U.S.C. § 924(e) (1988). Talley argues that the district court should have dismissed the § 922(g) charge against him because the federal prosecution violated the double jeopardy clause and the district court improperly applied § 924(e) to enhance his sentence. We hold that Talley’s conviction under § 922(g) did not violate the double jeopardy clause, but we also hold that the district court improperly interpreted and applied § 924(e). We…