United States v. Mahin, No. 10-5292 (4th Cir. 2012)
Annotate this CaseDefendant was convicted and sentenced on two counts of possessing a firearm or ammunition while subject to a domestic violence protective order in violation of 18 U.S.C. 922(g)(8). Defendant appealed the district court's determination that his convictions under section 922(g)(8) did not violate the Second Amendment. The court affirmed the judgment of the district court. But because it was plain error to convict and sentence defendant on two separate counts for the simultaneous possession of a firearm and ammunition under section 922(g)(8), the court reversed defendant's conviction as to count two of the indictment, vacated his sentence, and remanded for resentencing.
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