United States v. Terry

OPINION

MICHAEL, Circuit Judge:

Because they shot at an occupied vehicle (a crime under Virginia law) while in a national forest, Lewis Charles Terry and Carlos Lee Bishop were convicted for violating the Assimilative Crimes Act, 18 U.S.C. § 13(a) (the “ACA”), and for using a firearm in connection with a crime of violence, in violation of 18 U.S.C. § 924(c). At sentencing the district court dismissed the § 924(c) count as to both defendants on double jeopardy grounds. The government appeals the dismissal of the gun count, and the defendants cross-appeal their sentences on the ACA count. Both…