Nos. 77-1375 and 77-1376.

587 F.2d 577 (1978)

UNITED STATES of America, Appellee, v. Michael BUSIC, Appellant. UNITED STATES of America, Appellee, v. Anthony LA ROCCA, Jr., Appellant.

United States Court of Appeals, Third Circuit.

Decided January 5, 1978.

As Amended February 15, February 24, and June 8, 1978.

Certiorari Dismissed April 17, 1978.

On Rehearing December 12, 1978.

Attorney(s) appearing for the Case

Samuel J. Reich, Pittsburgh, Pa., for appellant Busic.

Michael A. Litman, Hickton, Dean, Litman & Tighe, Pittsburgh, Pa., for appellant La Rocca.

Blair A. Griffith, U.S. Atty., Western District of Pennsylvania by Thomas A. Crawford, Jr., Asst. U.S. Atty., Pittsburgh, Pa., for appellee.

Before VAN DUSEN and ROSENN, Circuit Judges, and STERN, District Judge.

Certiorari Dismissed April 17, 1978. See 98 S.Ct. 1631.


STERN, District Judge.

On this appeal we must decide whether a defendant may receive consecutive sentences for the crime of assault with a dangerous weapon [18 U.S.C. § 111] and the crime of use of a firearm to commit that felony [18 U.S.C. § 924(c)(1)], where the dangerous weapon used in the assault is a firearm. We hold that such sentencing violates the double...

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