Does section 924(c)(1) of the Criminal Code of the United States violate the Double Jeopardy Clause of the US Constitution by imposing cumulative punishment on a defendant convicted of a charge of using a deadly weapon or dangerous weapon or device?

MultiRegion, United States of America

The following excerpt is from U.S. v. Collins, 109 F.3d 1413 (9th Cir. 1997):

Section 924(c)(1) expressly provides that the punishments imposed for "use of a deadly or dangerous weapon or device" shall be in "addition to the punishment provided for [the predicate] crime of violence." "Where a legislature specifically authorizes cumulative punishments under two statutes, regardless of whether those two statutes proscribe the same conduct, the trial court may impose cumulative punishment in a single trial." United States v. Young, 936 F.2d 1050, 1056 (9th Cir.1991) (quotations omitted). The sentence imposed on the count 5 violation of section 924(c)(1) did not violate the Double Jeopardy Clause of the United States Constitution.

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