Washington v. United States
53 A.3d 307
| D.C. | 2012Background
- Appellee moved for summary affirmance of the sentencing order after appellant’s probation was revoked.
- Appellant was convicted of CPWL, UPF, UF, and UA for possessing a pistol in a public alley.
- This court previously upheld the original convictions on appeal.
- Issue is whether CPWL and UF merge under Tyree after post-Heller amendments; appellant argues they may.
- Appellant further argues UPF and UF merge because felon status prevents firearm registration; asserts same act violates both statutes.
- Court holds Heller and post-Heller changes do not alter Tyree’s Blockburger-based conclusion; CPWL and UF do not merge, nor do UPF and UF.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Do CPWL and UF merge under Blockburger Tyree analysis? | Appellant argues post-Heller amendments undermine Tyree merger. | Tyree and Blockburger remain controlling; Heller does not change merger for these offenses. | No merger; CPWL and UF remain separate offenses. |
| Do UPF and UF merge under Blockburger Tyree analysis? | Felon status prevents registration, potentially merging UPF and UF for same act. | UPF and UF have distinct elements; no merger under Tyree/Blockburger. | No merger; UPF and UF remain separate offenses. |
| Does Heller or post-Heller statutory change affect Tyree’s Blockburger analysis? | Post-Heller changes undermine Tyree’s merger rationale. | Heller does not alter Blockburger analysis; Tyree not overruled. | Heller and amendments do not affect Tyree’s analysis; merger rules unchanged. |
Key Cases Cited
- Washington v. United States, 2 A.3d 1093 (Aug. 14, 2010) (recognizes procedural standards in related postconviction context)
- District of Columbia v. Heller, 554 U.S. 570 (2008) (holds District's handgun ban violates Second Amendment)
- Blockburger v. United States, 284 U.S. 299 (1932) (establishes Blockburger test for multiple punishment)
- Turner v. United States, 684 A.2d 313 (D.C.1996) (possession of prohibited weapon vs. unregistered firearm do not merge)
- Sanchez-Rengifo v. United States, 815 A.2d 351 (D.C.2002) (quotalions on merger and related considerations)
- McCullough v. United States, 827 A.2d 48 (D.C.2003) (merger considerations under local statutory framework)