United States v. James Berry, Jr.
Court of Appeals for the Fifth Circuit
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
- Blockburger v. United StatesSupreme Court of the United States · 1931
- Jackson v. DennoSupreme Court of the United States · 1964
- Grady v. CorbinSupreme Court of the United States · 1990
- Bell v. United StatesSupreme Court of the United States · 1955
- Illinois v. VitaleSupreme Court of the United States · 1980
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3Cited by61 opinions
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- United States v. Luciano MosqueraCourt of Appeals for the First Circuit · 1995
- United States v. Albert VerrecchiaCourt of Appeals for the First Circuit · 1999
- United States v. TannCourt of Appeals for the Third Circuit · 2009
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