United States v. Cristobal Meza, III
2012 U.S. App. LEXIS 23167, 701 F.3d 411, 89 Fed. R. Serv. 1139 (2012)
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Rule of Law:
The Double Jeopardy Clause prohibits separate convictions and sentences under 18 U.S.C. § 922(g)(1) for the simultaneous possession of a firearm and ammunition, as this constitutes a single criminal offense.
Facts:
- Cristobal Meza, III was a convicted felon.
- On July 14, 2009, Chris Sanchez stole several firearms from a pawn shop.
- After his arrest, Sanchez informed police that he had sold a stolen Mossberg 12 gauge shotgun to Meza.
- Police searched Meza's property and discovered the stolen shotgun in an unlocked shed on top of a washing machine.
- The shotgun was loaded with eight 12-gauge shells.
- Inside Meza's house, police found two boxes of 12-gauge Winchester shotgun shells in a back bedroom closet.
- One ammunition box was full with fifteen shells, while the other contained seven shells, corresponding to the eight shells loaded in the shotgun.
- In the same closet, police found a tin can containing paycheck stubs belonging to Meza.
Procedural Posture:
- Cristobal Meza was charged in the U.S. District Court in a two-count indictment for being a felon in possession of a firearm and a felon in possession of ammunition.
- Meza's initial plea agreement was rejected by the district court after a bond violation increased his sentencing guideline range.
- The case proceeded to a one-day jury trial.
- The jury found Meza guilty on both counts.
- The district court sentenced Meza to consecutive 120-month sentences for each count, for an aggregate of 240 months' imprisonment.
- Meza, as appellant, appealed his conviction and sentence to the U.S. Court of Appeals for the Fifth Circuit.
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Issue:
Do separate convictions and sentences for the simultaneous possession of a firearm and ammunition by a convicted felon, both charged under 18 U.S.C. § 922(g)(1), violate the Double Jeopardy Clause?
Opinions:
Majority - Higginson, Circuit Judge
Yes, separate convictions and sentences for the simultaneous possession of a firearm and ammunition violate the Double Jeopardy Clause. The evil Congress sought to suppress in 18 U.S.C. § 922(g)(1) is the arming of felons, an offense based on the status of the offender, not the number of firearms or ammunition possessed on a single occasion. Citing its precedent in United States v. Berry, the court held that because Meza was charged with possessing both the firearm and ammunition on the same day, and they were found during a single search, the possessions were simultaneous. The government did not allege or prove that Meza acquired the items at different times. Therefore, the two charges are multiplicitous, and judgment can only be entered on one of the offenses without violating the prohibition against double jeopardy.
Analysis:
This decision strongly reaffirms the Fifth Circuit's precedent from United States v. Berry, establishing a bright-line rule against multiplicitous convictions for simultaneous possession of a firearm and ammunition under § 922(g)(1). The case serves as a crucial reminder for prosecutors that while they may charge these offenses in separate counts, they can only secure a single conviction and sentence. The court's decision to raise the double jeopardy issue sua sponte underscores the fundamental nature of this constitutional protection and the judiciary's role in correcting plain error, even when not preserved by the defendant. The opinion also provides a useful application of the constructive possession doctrine, clarifying that evidence linking a defendant's personal effects (like paystubs) to the location of contraband can satisfy even the heightened 'joint occupancy' standard.
