United States v. Woolsey, Jr., No. 13-3543 (8th Cir. 2014)
Annotate this CaseDefendant appealed his conviction for being a felon in possession of a firearm and being a felon in possession of ammunition, both in violation of 18 U.S.C. 922(g)(1). The court concluded that it was undisputed that defendant acquired the firearm and ammunition at separate times and in separate places, thus providing two separate "units of prosecution." Moreover, under plain error review, defendant's multiplicitous argument necessarily failed because the district court sentenced him to a below-guidelines sentence and never mentioned the fact that defendant was convicted of two counts, rather than one. Finally, the court rejected defendant's as-applied challenge to the constitutionality of section 922(g)(1). Accordingly, the court affirmed the judgment of the district court.
Court Description: Criminal case - Criminal law and sentencing. Prosecution for both being a felon in possession of a firearm and being a felon in possession of ammunition does not violate the bar on multiplicitous prosecutions as the items were acquired at separate times and in separate places, thereby providing two separate "units of prosecution;" in any event, defendant could not show any prejudice as the counts were grouped for sentencing and he received a below-guidelines sentence; constitutional challenge to 18 U.S.C. Sec. 922(g)(1) rejected.
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