United States of America, Plaintiff-appellant, v. Dexter D. Cross; Chad C. Haynes, Defendants-appellees, 56 F.3d 74 (9th Cir. 1995)
Annotate this CaseAppeal from the United States District Court for the Northern District of California, No. CR-93-00364-VRW; Vaughn R. Walker, District Judge, Presiding.
N.D. Cal.
REVERSED.
Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges.
MEMORANDUM**
The Double Jeopardy Clause does not bar cumulative punishment for carjacking, in violation of 18 U.S.C. § 2119, and for using or carrying a firearm in relation to a crime of violence, in violation of 18 U.S.C. § 924(c) (1). United States v. Martinez, No. 93-50803, slip op. 2545, 2551-55 (9th Cir. Mar. 7, 1995). Accordingly, we reverse the district court's order requiring the government to elect between the carjacking count and the firearms count.
REVERSED AND REMANDED.
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