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United States v. Ellis

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ARGUED JUNE 3, 2009

Before EASTERBROOK, Chief Judge, and ROVNER and SYKES, Circuit Judges.

Bernard Ellis was the chief enforcer for a notorious Chicago street gang. He was also a felon, so to arm himself and the members of his gang, Ellis would travel to Indiana and enlist others to buy firearms for him there. This illegal activity drew the attention of two separate United States Attorneys who took turns prosecuting him. In the Northern District of Illinois, Ellis was charged with and pleaded guilty to two counts of possession of a firearm by a felon in violation of 18 U.S.C. § 922(g)(1). In the Northern District of Indiana, he was charged with four counts of the same offense-one of which involved the same guns as the Illinois case-and was convicted by a jury on these and five additional crimes stemming from various straw purchases of firearms. He appealed in both cases. The government cross-appealed in the Illinois case to challenge the district court’s sentencing decision.

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