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U.S. v. TANN

No. 08-2378.

577 F.3d 533 (2009)

UNITED STATES of America v. Brandon TANN, Appellant.

United States Court of Appeals, Third Circuit.

Filed: August 24, 2009.

Attorney(s) appearing for the Case

Edson A. Bostic, Federal Public Defender, Daniel I. Siegel (Argued), Legal Research and Writing Attorney, Office of the Federal Public Defender, Wilmington, DE, Counsel for Appellant.

Colm F. Connolly, United States Attorney, Shawn A. Weede (Argued), Assistant United States Attorney, Wilmington, DE, Counsel for Appellee.

Before FUENTES, CHAGARES, and ALDISERT, Circuit Judges.

OPINION OF THE COURT

CHAGARES, Circuit Judge.

Brandon Tann was convicted on two counts of violating the felon-in-possession statute, 18 U.S.C. § 922(g)(1), for the illegal possession of a firearm and ammunition. On appeal, Tann contends that because the firearm and ammunition were possessed simultaneously, he should have been convicted and sentenced on only one violation of § 922(g)(1). For the reasons that follow, we will affirm in part and remand...

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