United States v. Jeffery
United States v. Jeffery
Opinion of the Court
MEMORANDUM
Charles Lavon Jeffery III (“Jeffery”) appeals the district court’s denial of his motion to dismiss his two-count indictment for possession of a firearm in violation of 18 U.S.C. § 922(g). Jeffery claims that, under the Double Jeopardy Clause of the Fifth Amendment, the federal government is precluded from trying him because he was convicted and sentenced for the same conduct by the state of Idaho. It is well established, however, that “a federal prosecution is not barred by a prior state prosecution of the same person for the same acts.” Abbate v. United States, 359 U.S. 187, 194, 79 S.Ct. 666, 3 L.Ed.2d 729
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.