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U.S. v. JOHNSON

No. 93-5771.

32 F.3d 82 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Bruce Anthony JOHNSON, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided August 5, 1994.

Attorney(s) appearing for the Case

ARGUED: John Samuel Bowler, Office of the U.S. Atty., Raleigh, NC, for appellant. George Alan DuBois, Jr., Asst. Federal Public Defender, Raleigh, NC, for appellee. ON BRIEF: James R. Dedrick, U.S. Atty., David P. Folmar, Jr., Asst. U.S. Atty., Raleigh, NC, for appellant.

Before ERVIN, Chief Judge, WIDENER, Circuit Judge, and BRINKEMA, United States District Judge for the Eastern District of Virginia, sitting by designation.

Reversed and remanded by published opinion. Judge BRINKEMA wrote the opinion, in which Chief Judge ERVIN and Judge WIDENER joined.

OPINION

BRINKEMA, District Judge:

This appeal raises the purely legal question of whether the Double Jeopardy Clause of the Fifth Amendment bars simultaneous prosecution under both 18 U.S.C. § 924(c)(1) (use of a firearm during a crime of violence statute) and 18 U.S.C. § 2119 (the recently enacted federal armed...

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