United States v. Tony Wade Johnson

Affirmed by published opinion. Chief Judge ERVIN wrote the opinion, in which Judge RUSSELL and Judge WILKINS joined.

OPINION

ERVIN, Chief Judge:

Tony Wade Johnson appeals from his conviction for violating 18 U.S.C. § 922(g)(1), which prohibits the possession of a firearm by a convicted felon. He contends that the government transgressed the Double Jeopardy Clause of the United States Constitution, U.S. CONST, amend. V, by prosecuting him a second time for the same offense after a mistrial was declared in his first trial. Johnson also challenges the sufficiency of the government’s evidence…