Warren

United States v. Warren

Good Law
330 F. App'x 665
United States Court of Appeals for the Ninth CircuitMay 22, 2009No. 08-30154California844 words

Opinion

Lead Opinion

MEMORANDUM *

Defendant Demetrius Dmiral Warren challenges the district court’s imposition of an 121-month sentence for conspiracy to commit firearms trafficking and related *666 offenses on the grounds that the sentence violated the Double Jeopardy Clause of the Fifth Amendment and that the district court erroneously applied a four-level leader/organizer enhancement to the sentence. We affirm the sentence.

Warren first argues that the imposition of consecutive sentences for the crime of making a false statement during a firearms transaction and the crime of aggravated identity theft pursuant to 18 U.S.C. Section 922 (a)(2) and 18 U.S.C. Section 1028A(a)(l) violated the Double Jeopardy Clause of the Fifth Amendment because the sentences punished the same conduct. We review alleged violations of the Double Jeopardy Clause de novo. See United States v. Byrne, 203 F.3d 671, 673 (9th Cir.2000). “Where ... a legislature specifically authorizes cumulative punishment under two statutes, regardless of whether those two statutes proscribe the ‘same’ conduct ..., a court’s task of statutory construction is at an end and the prosecutor may seek and the trial court or jury may impose…

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