UNITED STATES of America, Plaintiff-Appellee, v. John Allen NEWTON, Defendant-Appellant
Opinion
Opinion
Appellant John Allen Newton appeals his conviction of two counts of carjacking (Counts I & III), two counts of use of a firearm during a crime of violence (Counts II & IV), and one count of being a felon in possession of a firearm (Count V). See 18 U.S.C. §§ 2119 , 924(c), and 922(g)(1). We affirm.
I.
Appellant argues that his convictions for carjacking and for the use of a firearm during a crime of violence violate the Double Jeopardy Clause of the Fifth Amendment. He contends that both statutes punish the same conduct: the criminal use of a firearm. See 18 U.S.C. §§ 924 (c)(1) (firearm) and 2119 (carjacking). He argues that punishment under both statutes offends the Double Jeopardy Clause. We disagree.
Cumulative punishment does not violate the Double Jeopardy Clause if Congress clearly intended to authorize such punishment. See Missouri v. Hunter, 459 U.S. 359, 369 , 103 S.Ct. 673, 679 , 74 L.Ed.2d 535 (1983). We recently concluded that Congress did intend to impose the very cumulative punishment Appellant received. See United States v. Martinez, 49 F.3d 1398, 1401-03 (9th Cir.1995) (authorizing cumulative punishment under 18 U.S.C. §§ 924 (e) and 2119). It necessarily…