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Batchelder (D) was a convicted felon. D was then found guilty of a firearms violation (18 U.S.C. Section 922) and sentenced to five years in prison. However, he was also found guilty of another violation (18 U.S.C. Section 1202(a)) whose substantive elements were identical to Section 922. The penalty for 1202(a) was a maximum of two years imprisonment. D claimed that he should be sentenced for no more than two years, the maximum allowed under 1202(a). The court of appeals remanded the case, and D was sentenced for two years. The Government (P) appealed.

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