Ferrell Walker v. United States

Whether the subsequent imposition of a sentence to a term of imprisonment of 168 months on a charge of possession of child pornography, to run consecutive to the previously-imposed sentence of 60 months (now corrected to 24 months) imprisonment for revocation of supervision based on the same conduct, possession of child pornography, violated Defendant’s right under the Fifth Amendment to the U.S. Constitution not to be twice put in jeopardy for the same offense and is therefore, due to be vacated.

Alternatively, and without waiving Defendant’s assertion of former jeopardy, whether pursuant to 18 U.S.C. § 3583(e)(3), U.S.S.G. § 7B1.4, United States v. Haymond, 139 S.Ct. 2369 (2019), and United States v. Walker, 849 Fed. App’x. 822 (11th Cir. 2021), the defendant should be sentenced to a reasonable term of months (concurrent on all violations) not to exceed two years, followed by termination of his supervised release?