Filed: Sep. 23, 1997
Latest Update: Mar. 02, 2020
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 97-1072 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Lewis Barnes, * * [UNPUBLISHED] Appellant. * _ Submitted: September 12, 1997 Filed: September 23, 1997 _ Before BEAM, MAGILL, and LOKEN, Circuit Judges. _ PER CURIAM. Lewis Barnes appeals his convictions following a conditional guilty plea of being a felon in possession of a firearm pursuant to
Summary: United States Court of Appeals FOR THE EIGHTH CIRCUIT _ No. 97-1072 _ United States of America, * * Appellee, * * Appeal from the United States v. * District Court for the * Eastern District of Arkansas. Lewis Barnes, * * [UNPUBLISHED] Appellant. * _ Submitted: September 12, 1997 Filed: September 23, 1997 _ Before BEAM, MAGILL, and LOKEN, Circuit Judges. _ PER CURIAM. Lewis Barnes appeals his convictions following a conditional guilty plea of being a felon in possession of a firearm pursuant to 1..
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United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 97-1072
___________
United States of America, *
*
Appellee, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Lewis Barnes, *
* [UNPUBLISHED]
Appellant. *
___________
Submitted: September 12, 1997
Filed: September 23, 1997
___________
Before BEAM, MAGILL, and LOKEN, Circuit Judges.
___________
PER CURIAM.
Lewis Barnes appeals his convictions following a conditional guilty
plea of being a felon in possession of a firearm pursuant to 18 U.S.C.
§ 922 (a)(6). Counsel filed a brief pursuant to Anders v. California,
386
U.S. 738 (1967), and was granted leave to withdraw. Barnes did not file
a pro se supplemental brief.
On appeal Barnes asserts that the district court erred in denying his
pretrial motion to dismiss. Specifically, Barnes argues that his federal
prosecution following an unsuccessful state prosecution constituted a
double jeopardy violation. Our de novo
review reveals no error in the district court&s denial of Barnes&s motion
to dismiss on double jeopardy grounds, as Barnes&s prosecution was
permissible under the dual sovereignty doctrine, and no exceptions apply.
See United States v. Basile,
109 F.3d 1304, 1306-07 (8th Cir. 1997),
petition for cert. filed, No. 97-5057 (June 26, 1997), and petition for
cert. filed,
66 U.S.L.W. 3129 (July 25, 1997) (97-171)
Having carefully reviewed counsel’s submission and the record in
accordance with Penson v. Ohio,
488 U.S. 75, 80 (1988), we find no
nonfrivolous issues.
Accordingly, we affirm the judgment of the district court.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
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