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No. 17-646October Term 2018Decided Jun 17, 2019

Docket 17-646October Term 2018 (2018–2019)

Gamble v. United States

The Court left the separate-sovereigns rule in place, so both a state and the federal government may prosecute the same conduct.

Case status

Current stage
Decided
Latest event
Decision released Jun 17, 2019
Case Accepted
Arguments
Decision ReleasedJun 17, 2019
What it's about

The case asked whether the federal government could prosecute Terance Gamble for being a felon in possession of a firearm after Alabama had already prosecuted him for the same conduct. The Supreme Court held that this second prosecution did not violate the Double Jeopardy Clause because state and federal governments are separate sovereigns.

Question presented

Whether the Court should overrule the "separate sovereigns" exception to the Double Jeopardy Clause.

Case path

United States Court of Appeals for the Eleventh Circuit / Decision released Jun 17, 2019

Area

Gun Rights

Briefing

What it's about

The case asked whether the federal government could prosecute Terance Gamble for being a felon in possession of a firearm after Alabama had already prosecuted him for the same conduct. The Supreme Court said that second prosecution did not violate the Double Jeopardy Clause because state and federal governments are separate sovereigns.

Impact

The decision keeps in place a rule that lets both a state and the federal government bring charges based on the same act. That matters for defendants like Gamble, who can face two prosecutions when the same conduct breaks both state and federal law.

What's next

The Supreme Court has finished this case. In practice, the decision leaves the separate-sovereigns rule in effect for future state and federal prosecutions.

What was the main dispute in Gamble v. United States?

The case asked whether double jeopardy bars a federal prosecution after a state already prosecuted the same conduct. The Court said no when different sovereigns are involved.

What are the real-world consequences of this decision?

A person may still face both state and federal charges for one act if each government has its own law. That can mean two separate prosecutions.

What happens next after the Supreme Court's decision in this case?

This docket action is over. Lower courts and prosecutors will continue applying the separate-sovereigns rule unless the Court revisits it later.

Decision

Decision record

What the Court decided

The Court left the separate-sovereigns rule in place, so both a state and the federal government may prosecute the same conduct.

Impact

The decision keeps in place a rule that lets both a state and the federal government bring charges based on the same act. That matters for defendants like Gamble, who can face two prosecutions when the same conduct breaks both state and federal law.

Not official Court text.

Opinion documents