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U.S. v. CASIANO

Nos. 96-1256, 96-1380.

113 F.3d 420 (1997)

UNITED STATES of America v. Jose CASIANO, a/k/a Jose Rivera Jose Casiano, Appellant. UNITED STATES of America v. Alfredo DeJESUS.

United States Court of Appeals, Third Circuit.

Decided May 7, 1997.

Attorney(s) appearing for the Case

Barnaby C. Wittels (Argued), Stephen Robert LaCheen and Associates, Philadelphia, PA, for Appellant, Jose Casiano.

James A. Lammendola (Argued), Lammendola and Lammendola, Philadelphia, PA, for Appellant, Alfredo DeJesus.

Michael R. Stiles, United States Attorney, Walter S. Batty, Jr., Assistant United States Attorney, Wendy A. Kelly (Argued), Assistant United States Attorney, Philadelphia, PA, for U.S.

Before: SLOVITER, Chief Judge, McKEE, and ROSENN, Circuit Judges.

OPINION OF THE COURT

SLOVITER, Chief Judge.

In this consolidated action, appellants Jose Casiano and Alfredo DeJesus, each of whom pled guilty to both carjacking and kidnapping, appeal from the application of the twenty-year enhancement mandated by 18 U.S.C. § 924(c)(1) for a second or subsequent conviction for using a firearm in relation to a crime of violence. They contend that despite the literal language of the statute, the enhancement is not applicable...

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