United States v. Tadarian Neal, 458 F. App'x 246

Consolidated cases in which Neal appeals a 168‑month sentence and a 24‑month consecutive sentence for supervised release violation.
Neal challenges a § 922(g)(1) conviction based on a 2005 felon‑in‑possession conviction.
Simmons en banc narrowed how prior offenses are determined to be punishable by more than a year.
Neal argues his predicate NC convictions were not felonies under Simmons, potentially invalidating his § 922(g)(1) conviction.
The government argues Kahoe controls: a later invalidity of the predicate is immaterial if it was in effect when Neal possessed the firearm.
Neal also challenges the validity of the underlying 2005 conviction via collateral attack in the supervised release revocation context, which the court rejects.
Neal asserts two offenses (obstruction of justice and witness tampering) were inadequately charged; the government contends the issues were waived.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Validity of §922(g)(1) given Simmons/Kahoe	Neal argues the predicate felonies aren’t felonies under Simmons.	Government contends Kahoe control: predicate invalidity later does not affect current charge if in effect when possession occurred.	Valid; Kahoe controls, current §922(g)(1) proper.
Collateral attack on 2005 conviction via supervised release	Neal seeks to overturn underlying 2005 conviction to undermine sentence.	Collateral challenges to underlying convictions not allowed in revocation proceedings.	Unproperly before court; collateral attack rejected.
Indictment sufficiency for obstruction/witness tampering	Indictments lack sufficient factual allegations.	Waived because not raised pretrial.	Waived; challenges not addressed on merits.
Double jeopardy for obstruction/witness tampering sentences	Two punishments for same conduct violate double jeopardy.	Statutes require different elements, thus permissible multiple punishments.	No double jeopardy; elements do not overlap.

United States v. Kahoe, 134 F.3d 1230 (4th Cir. 1998) (later-invalid predicate does not defeat current § 922(g)(1) if in effect when possessed)
United States v. Simmons, 649 F.3d 237 (4th Cir. 2011) (en banc: prior offense punishable by >1 year depends on defendant's eligibility)
United States v. Harp, 406 F.3d 242 (4th Cir. 2005) (method for determining if prior offense punishable by >1 year (pre-Simmons))
United States v. Warren, 335 F.3d 76 (2d Cir. 2003) (cannot collaterally attack underlying conviction in revocation)
United States v. Studifin, 240 F.3d 415 (4th Cir. 2001) (double jeopardy as to separate offenses when elements differ)
United States v. Johnson, 219 F.3d 349 (4th Cir. 2000) (multiple punishments allowed if elements do not overlap)
United States v. LeMoure, 474 F.3d 37 (1st Cir. 2007) (multiple statutes may support convictions if elements differ)