United States v. Nicholas Arthur Portillo

DeMOSS, Circuit Judge:

Appellant Portillo was indicted for (1) armed robbery of an automobile, in violation of 18 U.S.C. § 2119; and (2) use of a firearm during a crime of violence, in violation of 18 U.S.C. § 924(c). Portillo filed a motion to dismiss the indictment or, alternatively, to compel the government to elect between the two counts, arguing that sentencing him for both charges would violate the Double Jeopardy Clause. The district court denied Por-tillo’s motion, concluding that Congress intended to cumulatively punish offenders of both statutes.

Portillo unconditionally pleaded…