Legal Opinion

United States v. James Berry, Jr.

Court of Appeals for the Fifth Circuit

Decided November 5, 1992No. 92-4123PublishedCited by 61 opinions

1Opinion of the Court

POLITZ, Chief Judge:

James Berry, Jr., a convicted felon, was convicted and sentenced for three counts of unlawful possession of a firearm by a felon, one count of similar possession of ammunition, and one count of carrying a firearm in relation to a drug-trafficking crime. Concluding that the convictions and sentences imposed on the firearm/ammunition counts violate double jeopardy standards, we vacate same and remand for resentenc-ing thereon. The drug-related count is unaffected.

Background

Berry, a convicted felon, 1 occupied an apartment in Jonathan’s Inn Motel in Groves, Texas which was…

2Cases cited31 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Jackson v. DennoSupreme Court of the United States · 1964
  3. Grady v. CorbinSupreme Court of the United States · 1990
  4. Bell v. United StatesSupreme Court of the United States · 1955
  5. Illinois v. VitaleSupreme Court of the United States · 1980

26 more not listed; retrieve them via the Exa API.

3Cited by61 opinions

  1. United States v. Terry Burton KimbroughCourt of Appeals for the Fifth Circuit · 1995
  2. United States v. Douglas Lee Dunford, Sr.Court of Appeals for the Fourth Circuit · 1998
  3. United States v. Luciano MosqueraCourt of Appeals for the First Circuit · 1995
  4. United States v. Albert VerrecchiaCourt of Appeals for the First Circuit · 1999
  5. United States v. TannCourt of Appeals for the Third Circuit · 2009

56 more not listed; retrieve them via the Exa API.

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