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U.S. v. SINGLETON

No. 93-3479.

16 F.3d 1419 (1994)

UNITED STATES of America, Plaintiff-Appellant, v. Heath A. SINGLETON and Douglas Joseph Aleman, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 10, 1994.

Attorney(s) appearing for the Case

Merv. Hamburg, Dept. of Justice, Washington, DC, Herbert W. Mondros, Asst. U.S. Atty., Robert J. Boitmann, U.S. Atty., New Orleans, LA, for plaintiff-appellant.

Virginia L. Schlueter, Asst. Federal Public Defender, John T. Mulvehill, Federal Public Defender, New Orleans, LA, for Heath A. Singleton.

Robert S. Glass, Glass & Reed, New Orleans, LA, for Douglas Joseph Aleman.

Jim E. Lavine, Zimmermann & Lavine, Houston, TX, for Amici, Tx.Crim. & Nat'l Assoc. Lawyers.

Before WISDOM, HIGGINBOTHAM, and SMITH, Circuit Judges.

WISDOM, Circuit Judge:

The United States appeals the dismissal on double jeopardy grounds of a firearms charge brought against two criminal defendants who were also charged with "carjacking". Although we agree with the district court that the firearms offense is not factually distinct from the carjacking offense, we hold that Congress has clearly indicated its intention to impose cumulative punishments. Therefore, we REVERSE the dismissal and REMAND the case to the...

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