United States v. Michael M. Busic, United States of America v. Anthony Larocca

OPINION OF THE COURT

ROSENN, Circuit Judge.

When this appeal first came to this court for review, United States v. Busic, 587 F.2d 577 (3d Cir. 1978), we considered the question of whether a court could validly impose consecutive sentences upon defendant LaRocca for the crime of assault with a dangerous weapon, 18 U.S.C. § 111, and for the crime of use of a firearm to commit that felony, 18 U.S.C. § 924(c)(1), when the dangerous weapon used in the assault is a firearm. We concluded that such sentenc ing violated the Double Jeopardy Clause and we remanded United States v. LaRocca, No. 77-1376,…