United States v. James L. Love

LIVELY, Circuit Judge.

This appeal presents a double jeopardy claim in an unusual factual setting. After granting a motion for acquittal on one count (Count 2) of an indictment, the district court submitted to the jury the remaining charge (Count 3) of receipt and possession of a firearm by one previously convicted of a felony. 18 U.S.C. § 922(h)(1). Count 1 had previously been severed and continued on motion of the defendant. After approximately three hours of deliberation the jury announced that they were unable to agree. The district court then gave a modified “Allen charge.” See Devitt &…