United States v. Stephen G. Koonce

EBEL, Circuit Judge.

This case presents two issues. First, we must decide whether the Double Jeopardy Clause (U.S. Const, amend. Y), prohibits the conviction and imposition of a sentence for possession of a controlled substance where the same possession was used in a prior narcotics proceeding to increase the defendant’s sentence under the United States Sentencing Guidelines. We hold that the Double Jeopardy Clause prohibits the subsequent conviction and sentence. Second, we must decide whether the Double Jeopardy Clause prohibits the imposition of a sentence for being a felon in possession of…