United States v. Michael Busic, United States of America v. Anthony La Rocca, Jr.

OPINION OF THE COURT

STERN, District Judge.

On this appeal we must decide whether a defendant may receive consecutive sentences for the crime of assault with a dangerous weapon [18 U.S.C. § 111] and the crime of use of a firearm to commit that felony [18 U.S.C. § 924(c)(1)], where the dangerous weapon used in the assault is a firearm. We hold that such sentencing violates the double jeopardy clause and we remand La Rocca’s case to the district court for re-sentencing.

Defendants also cite as error the trial court’s refusal to sever for trial those counts of the indictment which required proof of…