United States v. Gill Quinton McDonald United States of America v. Dartell Lamont Wright

967 F.2d 594 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Gill Quinton MCDONALD, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Dartell Lamont WRIGHT, Defendant-Appellant. Nos. 91-30060, 91-30067. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 3, 1992. Decided June 5, 1992. Before EUGENE A. WRIGHT, CANBY and WIGGINS, Circuit Judges. 1 Gill Quinton McDonald and Dartell Lamont Wright challenge their sentences under Rule 32 of the Federal Rules of Criminal Procedure. McDonald also contends that the Double Jeopardy Clause prohibited the district court from imposing consecutive sentences for his firearms offenses. We vacate both sentences and remand for resentencing. DISCUSSION A. Double Jeopardy Clause 2 Both Wright and McDonald were convicted of armed bank robbery and unlawful use of a firearm in violation of 18 U.S.C. §§ 2113 (a), (d) and 924(c). McDonald also was…