US v. Tann, No. 08-2378

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, 2009
Opinion Filed August 24, 2009

Judges
Before:  Fuentes, Chagares, and Aldisert, Circuit Judges
Opinion by Circuit Judge Chagares 

Counsel

Counsel for Appellant: Edson A. Bostic, Daniel I. Siegel

Counsel for Appellees: Colm F. Connolly, Shawn A. Weede