March 31, 1995
[Not for Publication]
[Not for Publication]
United States Court of Appeals
United States Court of Appeals
For the First Circuit
For the First Circuit
No. 94-2020
UNITED STATES,
Appellee,
v.
GERALDO RODRIGUEZ-RAMOS,
Defendant, Appellant,
No. 94-2021
UNITED STATES,
Appellee,
v.
BERLAY NIEVES-CRUZ
Defendant, Appellant,
No. 94-2063
UNITED STATES,
Appellee,
v.
MARIO GONZALEZ-ALVIRA,
Defendant, Appellant.
APPEALS FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
[Hon. Jose Antonio Fuste, U.S. District Judge]
Before
Torruella, Chief Judge,
Bownes, Senior Circuit Judge,
and Stahl, Circuit Judge.
Gustavo A. Gelpi, Assistant Federal Public Defender, with whom
Juan E. Alvarez, First Assistant Federal Public Defender and Benicio
Sanchez Rivera, Federal Public Defender, were on brief for appellant
Rodriguez-Ramos.
Jose R. Gaztambide and Gaztambide & Plaza argued for appellant
Nieves-Cruz.
Rafael Anglada-Lopez argued for appellant Gonzalez-Alvira.
Jose A. Quiles-Espinosa, Senior Litigation Counsel, Criminal
Division, with whom Guillermo Gil, United States Attorney, was on
brief for appellee.
Per Curiam. These appeals present the single
Per Curiam.
question of whether the Double Jeopardy Clause of the Fifth
Amendment bars cumulative punishments for carjacking and
using a firearm in conjunction with a crime of violence, in
violation of 18 U.S.C. 2119 and 924(c), respectively.
Because the First Circuit has recently decided that
prosecution under both statutes does not violate the United
States Constitution, see United States v. Centeno-Torres, No.
94-1882, slip op. at 4 (1st Cir. Mar. 28, 1995), we summarily
affirm the judgment below. See 1st Cir. R. 27.1.
Affirmed.
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