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Revocation Sentence Vacated as Plainly Unreasonable; Panel Purports to Limit Holding to Cases "Indistinguishable . . . In All Material Respects"

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United States v. Willis, No. 08-10018 (5th Cir. Mar. 24, 2009) (Jolly, Smith, Owen)In 1998, Willis was convicted of two counts of being a felon in possession of a firearm. "The two counts were premised on Willis?s simultaneous possession of two firearms and were, therefore, multiplicitous in violation of the Fifth Amendment?s prohibition against double jeopardy." Unfortunately, Willis never

Full post as published by Fifth Circuit Blog on March 25, 2009 (boomark / email).

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