UNITED STATES OF AMERICA, APPELLEE,
v.
FLOYD VANCE CONNER, JR., APPELLANT

8th Cir. | 1989-09-28
No. 89-1541
Before McMILLIAN and FAGG, Circuit Judges, and HEANEY, Senior Circuit Judge.
886 F.2d 984 United States Court of Appeals for the Eighth Circuit (1989) Positive Treatment
Cited by 4 cases

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Holding

The court held that the federal firearm statute was not unconstitutionally vague and that using state convictions for federal sentence enhancement did not violate the Double Jeopardy Clause.


Facts & Procedural History

Appellant was convicted of possession of a firearm by a convicted felon and his sentence was enhanced based on prior state armed robbery convictions. …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Floyd Vance Conner, Jr., appeals his conviction for possession of a firearm by a convicted felon. See 18 U.S.C. § 922(g) (Supp. V 1987). The district court enhanced Conner’s sentence based on his three state armed robbery convictions. See id. § 924(e)(1). We affirm.

Conner contends section 922(g) is unconstitutionally vague. Conner argues “[a] convicted felon possessing a firearm * * * would have no reason to know the words ‘in or affecting commerce’ would subject him to federal felony prosecution if that firearm had once traveled in interstate commerce.” This argument is meritless. The challenged phrase clearly signals Congress’s intent “that the firearm [has] been, at some time, in interstate commerce.” Scarborough v. United States, 431 U.S. 563, 575, 97 S.Ct. 1963, 1969, 52 L.Ed.2d 582 (1976).

Conner next contends the district court violated the Constitution’s double jeopardy clause when it used his three state armed robbery convictions to enhance his federal sentence. Although Conner concedes the armed robbery convictions are violent felonies under 18 U.S.C. § 924(e)(2)(B), he argues that because he received mandatory prison sentences under state law, the use of his state convictions to enhance his federal sentence constitutes multiple punishments for the same crimes. We disagree.

The double jeopardy clause only protects against multiple punishments for the same offense. United States v. Dinitz, 424 U.S. 600, 606, 96 S.Ct. 1075, 1079, 47 L.Ed.2d 267 (1976). Conner’s state robbery convictions and the federal conviction for possession of a firearm by a felon resulted from charges brought by separate sovereigns for conduct arising out of unrelated incidents. The double jeopardy clause has no relevance to Conner’s enhanced federal sentence.

We affirm the district court.


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