United States v. Meza, III, No. 10-10886 (5th Cir. 2012)
Annotate this CaseAn indictment charged defendant with being a felon in possession (Count 1) and for being a felon in possession of ammunition (Count 2). On appeal, defendant subsequently challenged his convictions and sentence. The court held that the evidence was sufficient to support defendant's convictions for being a felon in possession of a firearm and ammunition; no material variance existed between the indictment, which charged defendant with possession of a firearm and a box of ammunition, and the proof at trial, which showed a loaded firearm and two boxes of ammunition; the district court did not abuse its discretion in allowing the government to impeach its witness with a prior inconsistent statement; the district court did not abuse its discretion in admitting defendant's prior inconsistent statement; the government did not engage in misconduct during closing argument. The court held, however, that defendant's sentences violated the Double Jeopardy Clause and therefore vacated the sentences, remanding for dismissal for one of the counts of the indictment.
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