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in 2008 Terrence gamble was convicted of robbery in Alabama served his time seven years later he was pulled over for a broken taillight the police then smelled marijuana searched his car and found a couple of guns now since he was a convicted felon he was violating the felon and possession laws both federal and state and that's important because not only was he convicted under Alabama's law against felons possessing firearms but he then was prosecuted and convicted under federal law so the issue here is does that double prosecution violate the Constitution's protection against double jeopardy Music double jeopardy protects against being tried more than once for the same crime this comes from the Fifth Amendment if you're acquitted the state can't say oh now we have more evidence let's try you again but interestingly there's an exception to that when there are two sovereigns involved that is the states and the federal government are separate sovereigns and so the states has happened her

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