Legal Opinion

United States v. Smith

Court of Appeals for the Eleventh Circuit

Decided June 30, 2008No. 07-13202PublishedCited by 29 opinions

Non-Argument Calendar.

1Opinion of the Court

COX, Circuit Judge:

Marcus Jermaine Smith appeals his convictions and sentences for possessing three stolen firearms, 18 U.S.C. § 922(j) (Count 1), and for being a felon in possession of the same three firearms, 18 U.S.C. § 922(g)(1) (Count 2). After pleading guilty to these counts, Smith was sentenced to 120-months’ imprisonment on Count 1 and 90-months’ imprisonment on Count 2, resulting in a total sentence of 210 months. On appeal, Smith argues that his convictions under different subsections of § 922 for possessing the same three firearms violates the Double Jeopardy Clause of the Fifth…

2Cases cited17 opinions

  1. United States v. OlanoSupreme Court of the United States · 1993
  2. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  3. Blockburger v. United StatesSupreme Court of the United States · 1931
  4. United States v. YoungSupreme Court of the United States · 1985
  5. United States v. BroceSupreme Court of the United States · 1989

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3Cited by29 opinions

  1. United States v. BonillaCourt of Appeals for the Eleventh Circuit · 2009
  2. United States v. Isaac SeabrooksCourt of Appeals for the Eleventh Circuit · 2016
  3. United States v. WayerskiCourt of Appeals for the Eleventh Circuit · 2010
  4. United States v. EhleCourt of Appeals for the Sixth Circuit · 2011
  5. United States v. Demetrius Sharron DavisCourt of Appeals for the Eleventh Circuit · 2017

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

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