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U.S. v. PORTILLO

No. 93-8285.

18 F.3d 290 (1994)

UNITED STATES of America, Plaintiff-Appellee, v. Nicholas Arthur PORTILLO, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Suggestion for Rehearing Denied April 19, 1994.

Attorney(s) appearing for the Case

Philip J. Lynch, Asst. Federal Public Defender, Lucien B. Campbell, Federal Public Defender, R. Clark Adams, Asst. Federal Public Defender, San Antonio, TX, for defendant-appellant.

Michael Hardy, Richard L. Durbin, Jr., Asst. U.S. Attys., James H. DeAtley, U.S. Atty., San Antonio, TX, for plaintiff-appellee.

Before JONES and DeMOSS, Circuit Judges, and SCHWARTZ, District Judge.

Rehearing and Suggestion for Rehearing En Banc Denied April 19, 1994.

DeMOSS, Circuit Judge:

Appellant Portillo was indicted for (1) armed robbery of an automobile, in violation of 18 U.S.C. § 2119; and (2) use of a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c). Portillo filed a motion to dismiss the indictment or, alternatively, to compel the government to elect between the two counts, arguing that sentencing him for both...

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