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U.S. v. HOYLE

Nos. 95-3157 to 95-3160.

122 F.3d 48 (1997)

UNITED STATES of America, Appellee, v. Mark Dennard HOYLE, a/k/a Slim, a/k/a Markie, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided September 12, 1997.

Attorney(s) appearing for the Case

Jensen E. Barber, Washington, DC, Vincent A. Jankoski, William J. Garber, and John J. Carney, all appointed by the court, argued the causes and filed the joint briefs for Appellant.

Andrew C. Phelan, Assistant U.S. Attorney, argued the cause for appellee, with whom Eric H. Holder, Jr., U.S. Attorney at the time the brief was filed, Washington, DC, John R. Fisher, Thomas C. Black, Washington, DC, Gregg A. Maisel, Rachel Adelman-Pierson, and Lynn C. Leibovitz, Assistant U.S. Attorneys, Washington, DC, were on the brief. Elizabeth Trosman, Assistant U.S. Attorney, Washington, DC, entered an appearance.

Before: SILBERMAN, WILLIAMS and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge SILBERMAN.

Concurring opinion filed by Circuit Judge HENDERSON.

SILBERMAN, Circuit Judge:

Appellants were convicted of participating in a RICO conspiracy and engaging in a continuing criminal enterprise (CCE). They contend that the imposition of cumulative sentences for these two offenses violates the Fifth Amendment's prohibition against double jeopardy. We affirm appellants' convictions.

I.

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