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U.S. v. MOORE

No. 93-6955.

43 F.3d 568 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. Norman J. MOORE; Rodney Hewlett, Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

As Amended January 27, 1995.

Attorney(s) appearing for the Case

Bill L. Barnett, James R. Sturdivant, Asst. U.S. Attys., Birmingham, AL, for appellant.

Richard A. Kempaner, Huntsville, AL, for Norman J. Moore.

Andrew Mantler, Huntsville, AL, for Rodney Hewlett.

Before HATCHETT and ANDERSON, Circuit Judges, and DYER, Senior Circuit Judge.

CORRECTED OPINION

HATCHETT, Circuit Judge:

The United States appeals the district court's grant of a judgment of acquittal as to two counts of an indictment on the ground that the Double Jeopardy Clause of the Fifth Amendment bars simultaneous prosecutions under 18 U.S.C. § 924(c)(1) (use of a firearm during a crime of violence) and 18 U.S.C. § 2119 (federal armed "carjacking"), 832 F.Supp. 335. Although we...

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