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U.S. v. JOHNSON

No. 94-5652.

55 F.3d 976 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Tony Wade JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 13, 1995.

Attorney(s) appearing for the Case

ARGUED: Jonathan Silverman, Staton, Perkinson, Doster, Post, Silverman & Adcock, Sanford, NC, for appellant. Scott Patrick Mebane, Asst. U.S. Atty., Greensboro, NC, for appellee. ON BRIEF: Walter C. Holton, Jr., U.S. Atty., Greensboro, NC, for appellee.

Before ERVIN, Chief Judge, and RUSSELL and WILKINS, Circuit Judges.

Affirmed by published opinion. Chief Judge ERVIN wrote the opinion, in which Judge RUSSELL and Judge WILKINS joined.

OPINION

ERVIN, Chief Judge:

Tony Wade Johnson appeals from his conviction for violating 18 U.S.C. § 922(g)(1), which prohibits the possession of a firearm by a convicted felon. He contends that the government transgressed the Double Jeopardy Clause of the United States Constitution, U.S. CONST. amend. V, by prosecuting him a second...

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