United States v. Bruce Anthony Johnson

Reversed and remanded by published opinion. Judge BRINKEMA wrote the opinion, in which Chief Judge ERVIN and Judge WIDENER joined.

OPINION

BRINKEMA, District Judge:

This appeal raises the purely legal question of whether the Double Jeopardy Clause of the Fifth Amendment bars simultaneous prosecution under both 18 U.S.C. § 924(c)(1) (use of a firearm during a crime of violence statute) and 18 U.S.C. § 2119 (the recently enacted federal armed carjacking statute). Although we find that the elements of § 924(c)(1) fully overlap the elements of § 2119, we nevertheless conclude that Congress intended…