Arnett

MEMORANDUM **

Timothy Wayne Arnett has filed two appeals in this court. In appeal number 04-10575, Arnett appeals from the district court order denying his motion to dismiss the indictment for seven counts of use of a firearm during a crime of violence, in violation of 18 U.S.C. § 924 (c)(1). We have jurisdiction pursuant to 28 U.S.C. § 1291 . Reviewing de novo, United States v. James, 109 F.3d 597, 599 (9th Cir.1997), we affirm.

Arnett contends that his seven bank robberies actually constitute a single continuing course of conduct, and therefore, it was a violation of double jeopardy to indict him on more than one count of using a firearm during a crime of violence. We disagree. Because Arnett was charged with seven separate counts of armed bank robbery, it was not error to charge him separately for use of a firearm during a crime of violence on each of those seven counts. See United States v. Smith, 924 F.2d 889, 894 (9th Cir.1991) (stating that each predicate violent offense where a firearm is used can support a section 924(c)(1) charge).

Contrary to Arnett’s contention, we do not consider the language of section 924(c)(1) to be ambiguous. The rule of lenity is therefore…