BARR

v.

UNITED STATES

Citator

Cited By (13 total)

• United States v. Munoz-Romo, 947 F.2d 170 (5th Cir. 1991)
  …rate from § 922(g), but, instead, “is intended only to provide enhanced punishment for those persons convicted under § 922(g) who also have three previous felony convictions.” United States v. Affleck, 861 F. 2d 97, 99 (5th Cir. 1988), cert. denied, 489 U.S. 1058, 109 S.Ct. 1325, 103 L.Ed.2d 593 (1989). The government concedes that Munoz-Romo should not have received separate sentences under each provision. Accordingly, and because this is a legal issue, Munoz-Romo’s sentences as a felon in possession of th…
• United States v. Smith, 930 F.2d 1081 (5th Cir. 1991)
  …. It is unnecessary for the jury to make any determination regarding prior convictions for enhancement purposes since this is not an element of an offense under section 922(g). United States v. Affleck, 861 F. 2d 97, 99 (5th Cir.1988), cert. denied, 489 U.S. 1058, 109 S.Ct. 1325, 103 L.Ed.2d 593 (1989). Including such convictions in an indictment does not change this conclusion, for “[s]urplusage in an indictment may generally be disregarded where the charge is not materially broadened and the accused is not…
• United States v. Dunn, 946 F.2d 615 (9th Cir. 1991)
  …nderscore Congress’ intent that it be a sentence enhancement provision rather than a separate statutory offense. See United States v. Affleck, 861 F. 2d 97, 98-99 (5th Cir.1988) (discussing effect of congressional changes on § 924(e)), cert. denied, 489 U.S. 1058, 109 S.Ct. 1325, 103 L.Ed.2d 593 (1989). In support of the West holding, the Government points out that including information regarding three prior violent felo [*620] nies in Mr. Dunn’s indictment would have posed a risk to the defendant. The evid…