United States of America, Plaintiff-appellee, v. Gerald Thomas Brown, Defendant-appellant, 52 F.3d 335 (9th Cir. 1995)

MEMORANDUM^** 

Gerald Thomas Brown seeks to overturn his sentence after pleading guilty to two counts of attempted carjacking and one count of use of a firearm during a crime of violence. Brown raises only one issue on appeal: He contends that the Double Jeopardy Clause prohibits punishing him for both carjacking and the firearm violation because the two statutes proscribe the same conduct. This court has jurisdiction pursuant to 18 U.S.C. § 3742 and 28 U.S.C. § 1291. We affirm.

Cumulative punishment does not violate the Double Jeopardy Clause if Congress' intent to authorize such punishment is clear. Missouri v. Hunter, 459 U.S. 359, 369 (1983). This court recently concluded that Congress intended to impose cumulative punishment under the carjacking statute, 18 U.S.C. § 2119, and the statute prohibiting use of a firearm during a crime of violence, 18 U.S.C. § 924(c). United States v. Martinez, No. 93-50803, slip op. at 2552-53 (9th Cir. Mar. 7, 1995). Therefore, Brown can be punished under both statutes without violating the Double Jeopardy Clause. Id.

AFFIRMED.