United States v. Heath A. Singleton and Douglas Joseph Aleman

WISDOM, Circuit Judge:

The United States appeals the dismissal on double jeopardy grounds of a firearms charge brought against two criminal defendants who were also charged with “carjacking”. Although we agree with the district court that the firearms offense is not factually distinct from the carjacking offense, we hold that Congress has clearly indicated its intention to impose cumulative punishments. Therefore, we REVERSE the dismissal and REMAND the case to the district court with instructions to reinstate the firearms count of the indictment.

I

This case arose out of the armed carjacking…