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See United States v. Detroit Timber & Lumber Co., 200 U. S. 321, 337. Cato has joined the Constitutional Accountability Center in filing a brief urging the Court to review Gamble’s case and overturn this misguided exception—as we’ve done before in Walker v. Texas and Tyler v. United States, which presented the same issue. Smelling marijuana, the police officer searched the car and found, among other things, a 9mm handgun. 179 0 obj
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Whether the “dual-sovereignty” exception to the Double Jeopardy Clause—whereby a state and the federal government can each prosecute a person for the same crime, even where neither would be able to do so alone—violates the Fifth Amendment to the Constitution.
Terance Gamble was convicted of second‐degree robbery in Alabama in 2008. Gamble's petition to the Supreme Court noted that in 2016, Supreme Court Justices Ruth Bader Ginsburg and Clarence Thomas argued for a review of the separate sovereigns doctrine in a concurring opinion in Puerto Rico v. Sanchez Valle; Ginsburg's opinion stated that "The matter warrants attention in a future case in which a defendant faces successive prosecutions by parts of the whole USA." %%EOF
SUPREME COURT OF THE UNITED STATES . Alabama state law defines “crime of violence” to include robbery. ; Brief for the United States at 2–3, Gamble, 139 S. Ct. 1960 (No. Concurrent with the state’s prosecution, however, the U.S. attorney charged Gamble with the same offense under federal law. Supreme Court of the United States _____ TERANCE MARTEZ GAMBLE, Petitioner, v. UNITED STATES OF AMERICA, Respondent. Washington, DC 20001-5403, How the Supreme Court Could Help Stop Police from Seizing Your Property with No Evidence of a Crime, ‘Marsy’s Law’: The Push to Constitutionalize Crime Victims’ Rights, Mississippi Should Join Call for Convention of States to Amend U.S. Constitution. Petitioner Gamble pleaded guilty to a charge of violating Alabama’s felon-in-possession-of-a-firearm statute. _____ On Writ of Certiorari to the United States Court of Appeals for the Eleventh Circuit _____ BRIEF OF AMICI CURIAE NATIONAL ASSOCIATION OF COUNTIES, NATIONAL LEAGUE OF CITIES, UNITED STATES CONFERENCE OF MAYORS, INTERNATIONAL The Court should take this common‐sense advice and put an end to the misguided dual‐sovereignty exception, at least as it works in practice in modern times. After he pleaded guilty in state court, federal prosecutors indicted him for … 208 0 obj
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As Justice Hugo Black once put it, also in dissent, “If double punishment is what is feared, it hurts no less for two ‘Sovereigns’ to inflict it than for one.” Bartkus v. Illinois (1959).
We make three principal arguments. No. Receive periodic updates on Cato research, events, But given the “dual sovereignty” exception to that Double Jeopardy Clause, which the Supreme Court created 60 years ago—the idea that federal and state prosecutions have to be counted separately—the courts had to ignore that objection.
He was sentenced to 46 months in prison and will be released early in 2020, nearly three years after he would have been released from state prison. Gamble v. United States. Cato has joined the Constitutional Accountability Center in filing a brief urging the Court to review Gamble’s case and overturn this misguided exception—as we’ve done before in Walker v…
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Holding: The dual-sovereignty doctrine – under which two offenses are not the “same offence” for double jeopardy purposes if prosecuted by separate sovereigns – is upheld. 192 0 obj
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But in recent decades, there has been “a stunning expansion of federal criminal jurisdiction into a field traditionally policed by state and local laws,” as Justice Clarence Thomas wrote in dissent in Evans v. United States (1992). endstream
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Federal prosecutors then indicted him for the same instance of possession under federal law. �'\�X�1�h|�0+��Ag�Bǚ�������mi�vgo�.�N�N+ Y%�$�P%L�5uq�J$���uZ�E�'�7��s�;
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Alabama prosecuted Gamble under its “felon‐in‐possession” statute and he was ultimately sentenced to a year in prison. �H2*=�=����i���f:�Mc`�2�����@� ��+
First, none of the Framers would have contemplated such a large exception to Double Jeopardy protection. Now that nearly every state crime has a federal analog, the dual‐sovereignty exception risks entirely swallowing the Double Jeopardy rule. In June 2018 the Supreme Court agreed to hear the case. Gamble v. United States. In Gamble v. United States , the Supreme Court considered whether the Double Jeopardy Clause of the Fifth Amendment, which prohibits any person from being prosecuted for the same offense more than once, bars a federal prosecution for a criminal offense when the defendant has already been prosecuted for the same offense in state court.
That’s a felony, so he was barred from possessing a firearm under both federal and state law. According to Gamble, the separate-sovereigns exception solidified as a doctrine through several Prohibition Era cases, including Abbate v. United States, in which the Court upheld several successive state and federal prosecutions. At both the trial and appellate level, Gamble argued that the federal prosecution violated his Fifth Amendment right against being placed twice in jeopardy for the same crime. Gamble argues that the Court’s reasoning in these cases largely concerned the “undesirable consequences” that might follow from ruling in the alternative, … Finally, the Supreme Court created the dual‐sovereignty exception a decade before it held that the Double Jeopardy Clause fully applies to the states.
Syllabus . 17-646).
and publications. 0
17–646. Even before the Founding, English jurist and legal theorist William Blackstone wrote that it was considered a “universal maxim of the common law of England, that no man is to be brought into jeopardy of his life, more than once, for the same offense .” And in congressional debates before the enactment of the Fifth Amendment, Rep. Roger Sherman observed that “the courts of justice would never think of trying and punishing twice for the same offence.” Second, the practical magnitude of the dual‐sovereignty exception is much greater today than it was 60 years ago.
Now that we know that it does, there’s no reason why a state prosecution shouldn’t “count” when a defendant objects to having been prosecuted twice.
For most of our nation’s history, the federal government left most criminal matters to be handled by the states; there were relatively few offenses punishable by both authorities. Gamble v. United States - SCOTUSblog. Updated: September 12, 2018. Ala. Code § 13A-11-70(2) (2015). Judgment: Affirmed, 7-2, in an opinion by Justice Alito on June 17, 2019. GAMBLE. Argued December 6, 2018—Decided June 17, 2019. Seven years later, Gamble was pulled over for a broken taillight. %PDF-1.5
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