United States Sixth Circuit

District court's grant of petition for habeas relief on the ground that the trial court violated the Double Jeopardy Clause by convicting defendant for both the felon in possession statute and the felony firearm statute is reversed as current jurisprudence allows for multiple punishment for the same offense provided the legislature has clearly indicated its intent to so provide and recognizes no exception for necessarily included or overlapping offenses.

Appellate Information

• Decided 11/20/2009
• Published 11/20/2009

Judges

• Before:  McKEAGUE and WHITE, Circuit Judges;  MARBLEY, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ON BRIEF:  Brad H. Beaver, Office of the Michigan Attorney General, Lansing, Michigan, for Appellant.  C. Mark Pickrell, Waller Lansden Dortch & Davis, LLP, Nashville, Tennessee, for Appellee.