Thomas v. United States

KING, Associate Judge:

After a jury trial, appellant Thomas was convicted of distribution of a controlled substance (DCS) while armed, 1 possession with the intent to distribute a controlled substance (PWID) while armed, 2 possession of a firearm during a dangerous crime, 3 possession of an unregistered firearm, 4 and unlawful possession of ammunition. 5 He contends that the offense of possessing a firearm while committing a dangerous crime is “the same offense” as both PWID while armed and DCS while armed, and therefore his multiple convictions violate the Double Jeopardy Clause of the Fifth…