United States v. Tann

OPINION OF THE COURT

CHAGARES, Circuit Judge.

Brandon Tann was convicted on two counts of violating the felon-in-possession statute, 18 U.S.C. § 922(g)(1), for the illegal possession of a firearm and ammunition. On appeal, Tann contends that because the firearm and ammunition were possessed simultaneously, he should have been convicted and sentenced on only one violation of § 922(g)(1). For the reasons that follow, we will affirm in part and remand in part.

I

The facts pertinent to this appeal are undisputed. On April 11, 2007, officers with the Wilmington Police Department received information…