People v. Jimenez

Defendant pled guilty and sentenced to 110 months in federal prison for possession of a firearm by a convicted felon, and was also charged with attempted murder, aggravated battery, and multiple weapon charges in Illinois state court. Defendant moved to dismiss the state charges, alleging violation of double jeopardy. The attempted murder and aggravated battery charges were not based on the same act as that underlying firearm possession charge in federal court, and thus no double jeopardy violation in subsequent filing of state charged. Possession of the gun prior to the shooting, standing alone, was sufficient to form the basis of the federal charge.(LAVIN and PUCINSKI, concurring.)