dissenting:
As the majority states, in issue is whether the language and structure of § 922(g) disclose a clear Congressional intent not to impose cumulative punishments when, because of the offender's status, possession of a single weapon violates more than one subdivision of subsection (g). For our prior opinion, we reviewed both, the structure and legislative history of- § 922(g) and did not find that clear intent. Munoz-Romo, 947 F.2d at 175. Therefore, the Blockbur-ger test applies.
Accordingly, and notwithstanding the government’s 180-degree change between its positions in our court and the Supreme Court, I agree with the Eighth Circuit in United States v. Peterson, 867 F.2d 1110, 1115 (8th Cir.l989), which, using Blockbur-ger, upheld against a' double jeopardy challenge convictions for possession of firearms and ammunition by a convicted felon and a user of controlled substances, in violation of §§ 922(g)(1) and (g)(3).
As stated, there is no clear congressional intent that would overcome ■ the use of Blockburger. I disagree that the language and structure of § 922(g) disclose this clear intent. And, the legislative history certainly does not say so. Congress sought to bar possession of firearms by certain types of persons that it considered dangerous; but surely, this does not mean that it intended only one punishment for a person who might fall into several-categories for conviction under the statute. While, as in this case, several terms of imprisonment can be imposed for the same incident (but not necessarily consecutive; they are concurrent here), this is simply a form of enhancement that does not run afoul of the clear wording of the statute. For example, it goes without saying that an armed “fugitive from justice,” § 922(g)(2), who has also “been adjudicated as a mental defective,” § 922(g)(4), and who is “an alien ... illegally ... in the United States,” § 922(g)(5), is of more concern to the Congress for incarceration' purposes than someone fitting but one of the § 922(g) categories.
In sum, I would continue use of Block-burger and reinstate our holding that the sentences are not multiplicitous. As a result, I respectfully dissent.