United States v. Zalapa

N.R. SMITH, Circuit Judge:

We hold that a defendant who fails to object in the district court to multiplicitous convictions and sentences does not waive his or her right to raise a double jeopardy challenge on appeal. Because we conclude that the district court plainly erred by sentencing the appellant Joseph Manuel Zalapa on multiplicitous firearm counts and entering judgment, we reverse.

I. Factual and Procedural Background

On October 20, 2005, officers in the Santa Ana, California Police Department (“SAPD”) were in a parking lot investigating the presence of a stolen vehicle. While in the…