United States of America, Plaintiff-appellant, v. Dexter D. Cross; Chad C. Haynes, Defendants-appellees, 56 F.3d 74 (9th Cir. 1995)

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US Court of Appeals for the Ninth Circuit - 56 F.3d 74 (9th Cir. 1995) Submitted May 16, 1995. *Decided May 18, 1995

Appeal from the United States District Court for the Northern District of California, No. CR-93-00364-VRW; Vaughn R. Walker, District Judge, Presiding.

N.D. Cal.

REVERSED.

Before: WALLACE, Chief Judge, HUG and NOONAN, Circuit Judges.

MEMORANDUM** 

The Double Jeopardy Clause does not bar cumulative punishment for carjacking, in violation of 18 U.S.C. § 2119, and for using or carrying a firearm in relation to a crime of violence, in violation of 18 U.S.C. § 924(c) (1). United States v. Martinez, No. 93-50803, slip op. 2545, 2551-55 (9th Cir. Mar. 7, 1995). Accordingly, we reverse the district court's order requiring the government to elect between the carjacking count and the firearms count.

REVERSED AND REMANDED.

 *

The panel unanimously finds this case suitable for decision without oral argument. Fed. R. App. P. 34(a); 9th Cir. R. 34-4

 **

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3

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