Gamble v. United States

139 S.Ct. 1960 (2019)


An officer pulled D over for a damaged headlight. Smelling marijuana, the officer searched D’s car, where he found a loaded 9-mm handgun. D's possession of the handgun violated an Alabama law providing that no one convicted of “a crime of violence” “shall own a firearm or have one in his or her possession.” D pleaded guilty to this state offense. Federal prosecutors then indicted him for the same instance of possession under a federal law-one forbidding those convicted of “a crime punishable by imprisonment for a term exceeding one year . . . to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition.” D moved to dismiss contending that the federal indictment was for “the same offence” as the one at issue in his state conviction and thus exposed him to double jeopardy. The court cited the dual sovereignty doctrine and denied D’s motion to dismiss. D pled guilty while preserving his right to challenge the denial of his motion to dismiss on double jeopardy grounds. The Eleventh Circuit affirmed. The Supreme Court granted certiorari.