Unpublished Dispositionlonnie Joe Carter, Petitioner-appellant, v. United States of America, Respondent-appellee, 845 F.2d 325 (6th Cir. 1988)

ORDER

The petitioner, a federal prisoner proceeding pro se, appeals the district court's judgment overruling his motion to vacate or set aside his sentence filed under 28 U.S.C. § 2255. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

The petitioner pled guilty to receipt (Count 1) and possession (Count 2) of a firearm shipped in interstate commerce in violation of 18 U.S.C. §§ 922(h), 924(a) and 1201(a) (1). He received concurrent 18 month sentences. The present motion to vacate challenged the sentencing under Count 1 as a violation of the double jeopardy clause of the fifth amendment. The petitioner claimed he was twice placed in jeopardy for the same conduct because he was prosecuted under both state and federal law. The district court overruled the motion because the fifth amendment does not prohibit separate sovereigns from prosecuting an individual for the same act. See United States v. Wheeler, 435 U.S. 313, 316-17 (1978).

Upon review, we conclude the district court properly overruled the motion for the reasons stated by it. Accordingly, we affirm the district court's judgment entered September 3, 1987. Rule 9(b) (5), Rules of the Sixth Circuit.