United States v. Torres

OPINION AND ORDER

PEREZ-GIMENEZ, District Judge.

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Introduction

Defendant Centeno-Torres has been charged with violating 18 U.S.C. § 2119 (“carjacking”) and 18 U.S.C. § 924(e)(1) (“possession of a firearm during a crime of violence”). Defendant contends that being sentenced under both statutes would violate his rights under the Double Jeopardy clause of the United States Constitution. Defendant accordingly has moved to dismiss the firearms charge, Count 2 of the indictment (Docket # 18). The Government has opposed defendant’s motion (Docket # 23). For the reasons set forth below, defendant’s…