United States Third Circuit

Defendant's conviction on two counts of illegal possession of a firearm and ammunition under 18 U.S.C. section 922(g)(1) is affirmed in part and remanded in part where: 1) district court committed plain error in convicting and sentencing defendant on both counts charged under section 922(g)(1), as defendant's possession of both a firearm and ammunition, seized at the same time in the same location, supports only one conviction and sentence under the section; 2) defendant has met his burden to show that his substantial rights were affected by his unauthorized conviction and sentence on both counts charged under section 922(g).

Appellate Information

• Argued 03/10/2009
• Decided 08/24/2009
• Published 08/24/2009

Judges

• Before FUENTES, CHAGARES, and ALDISERT, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Edson A. Bostic, Federal Public Defender, Daniel I. Siegel (Argued), Legal Research and Writing Attorney, Office of the Federal Public Defender, Wilmington, DE, Counsel for Appellant.


• For Appellees:
  
• Colm F. Connolly, United States Attorney, Shawn A. Weede (Argued), Assistant United States Attorney, Wilmington, DE, Counsel for Appellee.