United States v. Albert Lonzo Cantrell

I concur in the result reached based on the narrow facts of this case. I am firmly convinced, however, that there are situations where prosecution would be proper under both 18 U.S.C. § 922(h) and § 922(i) inasmuch as the same act or transaction may constitute two separate offenses, if each offense requires some fact or element not required to establish the other. United States v. Beacon Brass Co., 344 U.S. 43, 73 S.Ct. 77, 97 L.Ed. 61 (1952); United States v. Larsen, 596 F.2d 410 (10th Cir. 1979); United States v. Bettenhausen, 499 F.2d 1223 (10th Cir. 1974).