Defendant’s conviction on two counts of illegal possession of a firearm and ammunition under 18 U.S.C. section 922(g)(1) is affirmed in part and remanded in part where: 1) district court committed plain error in convicting and sentencing defendant on both counts charged under section 922(g)(1), as defendant’s possession of both a firearm and ammunition, seized at the same time in the same location, supports only one conviction and sentence under the section; and 2) defendant has met his burden to show that his substantial rights were affected by his unauthorized conviction and sentence on both counts charged under section 922(g).
Read US v. Tann, No. 08-2378
Appellate Information
On Appeal from the United States District Court for the District of Delaware (Crimina No. 07-55-JJF)District Judge: Honorable Joseph J. Farnan, Jr.Argued March 10, 2009Opinion Filed August 24, 2009
JudgesBefore: Fuentes, Chagares, and Aldisert, Circuit JudgesOpinion by Circuit Judge Chagares
Counsel
Counsel for Appellant: Edson A. Bostic, Daniel I. Siegel
Counsel for Appellees: Colm F. Connolly, Shawn A. Weede
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