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U.S. v. COLVIN

No. 00-3400.

276 F.3d 945 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. James G. COLVIN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 17, 2002.

Attorney(s) appearing for the Case

Sarah E. Harrington (argued), Dept. of Justice, Washington, DC, for Plaintiff-Appellee.

Lauren Robel, David Bayt, Law Student (argued), Indiana University, Bloomington, IN, for Defendant-Appellant.

Before EASTERBROOK, RIPPLE, and WILLIAMS, Circuit Judges.

WILLIAMS, Circuit Judge.

James Colvin was convicted of three fire-related felonies and of carrying a firearm in the commission of a felony, all arising out of his role in a cross-burning. Colvin challenges his 18 U.S.C. § 844(h)(1) conviction on double jeopardy grounds but, in our view, the Double Jeopardy Clause does not prevent the application of § 844(h)(1) to fire-related felonies because Congress clearly intended the multiple punishment. Colvin also...

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