Legal Opinion

United States v. Norman J. Moore Rodney Hewlett

Court of Appeals for the Eleventh Circuit

Decided January 27, 1995No. 12-15082PublishedCited by 44 opinions

1Opinion of the Court

CORRECTED OPINION

Before HATCHETT and ANDERSON, Circuit Judges, and DYER, Senior Circuit Judge. HATCHETT, Circuit Judge:

The United States appeals the district court’s grant of a judgment of acquittal as to two counts of an indictment on the ground that the Double Jeopardy Clause of the Fifth Amendment bars simultaneous prosecutions under 18 U.S.C. § 924(c)(1) (use of a firearm during a crime of violence) and 18 U.S.C. § 2119 (federal armed “carjacking”), 832 F.Supp. 335. Although we agree with the district court that the elements of section 924(c)(1) fully overlap the elements of section 2119,…

2Cases cited16 opinions

  1. Blockburger v. United StatesSupreme Court of the United States · 1931
  2. Brown v. OhioSupreme Court of the United States · 1977
  3. Missouri v. HunterSupreme Court of the United States · 1983
  4. Whalen v. United StatesSupreme Court of the United States · 1980
  5. Albernaz v. United StatesSupreme Court of the United States · 1981

11 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. United States v. James McNealCourt of Appeals for the Fourth Circuit · 2016
  2. United States v. Kevin Bishop, United States of America v. Edward StokesCourt of Appeals for the Third Circuit · 1995
  3. United States v. Michael St. HubertCourt of Appeals for the Eleventh Circuit · 2018
  4. United States v. Robert Earl DowdCourt of Appeals for the Eleventh Circuit · 2006
  5. United States v. Jamaal EvansCourt of Appeals for the Fourth Circuit · 2017

39 more not listed; retrieve them via the Exa API.

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