United States Fifth Circuit

Conviction for one of two counts of being a felon in possession of a firearm is vacated and case remanded for resentencing where defendant's possession of the same gun when arrested and on the previous day in a robbery, absent evidence that the possession was interrupted, did not constitute two separate violations of the felon-in-possession statute. (Revised opinion)

Appellate Information

• Decided 10/08/2008
• Published 10/30/2008

Judges

• PATRICK E. HIGGINBOTHAM, Circuit Judge:, Before KING, HIGGINBOTHAM, and WIENER, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Richard Terrell Starrett, Asst. U.S. Atty., Jackson, MS, for U.S., Julie Ann Epps, Canton, MS, for Hope.