U.S. v. Ellis

Dist. Ct. erred in denying defendant’s motion to dismiss on double jeopardy grounds indictment in Indiana Dist. Ct. case where govt. had prosecuted defendant in prior Illinois Dist. Ct. case for same unlawful possession of firearm charge under section 922(g)(9) based on defendant’s possession of same gun. While govt. argued that prosecutions in both Illinois and Indiana cases were proper where evidence showed that defendant initially possessed gun, but gave gun to third party only to subsequently retrieve gun on different date, record suggested that only one crime occurred since defendant retained constructive possession of gun throughout all relevant times.