United States v. Herman Lee Staples

Herman Lee Staples appeals the district court’s denial of his motion to dismiss count II of an indictment charging him with illegal possession of a firearm in violation of 18 U.S.C. App. § 1202(a)(1).

Approximately one week after the federal indictment was returned, a state court jury acquitted Staples of the charge of carrying a concealed weapon in violation of Mo.Rev.Stat. § 571.030.1(1). The state charge arose from the same incident that supports the federal indictment. Staples filed a motion to dismiss count II of the federal indictment claiming double jeopardy and abuse of prosecutorial…