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· 12/17/1990

United States v. Michael R. Throneburg

Citations

  • 921 F.2d 654
  • 1990 U.S. App. LEXIS 21726
  • 1990 WL 204206

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that the district court \could merge [duplicative] convictions after the jury verdicts are recorded\
  • concluding that Michigan crime of “entering without breaking,” see Mich. Comp. Laws § 750.111 (1979), does not define crime of burglary under Taylor definition because unprivileged entry is not an essential element
  • holding that it was permissible to try a defendant with separate counts for possession of a handgun and possession of ammunition as long as convictions for the separate offenses merged for sentencing purposes
  • dismissing the defendant’s argument that he was unduly prejudiced due to the government’s presentation of a felon in possession of firearm count and a felon in possession of ammunition count, even though the two counts merged for sentencing purposes
  • “[T]he district court has discretion in deciding whether to require the prosecution to elect between multiplicitous counts.,.: [and] [w]e may reverse only for an abuse of discretion.”
  • separate No. 20-4078 United States v. Grant Page 5 convictions for simultaneous possession of a firearm and ammunition under § 922(g)(1) are multiplicitous and merge at sentencing

Source: CourtListener parenthetical corpus (CC0).

Judges: Merritt, Ryan, Norris

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.