CASTELLANO ET AL.

v.

KOSYDAR, TAX COMMISSIONER OF OHIO

Citator

Cited By (13 total)

• Grimes v. United States, 607 F.2d 6 (2d Cir. 1979)
  …uld stand convicted of two. Quite plainly, this raises significant double jeopardy problems. Accord: Simpson v. United States, supra, 435 U.S. 11 & n.5, 98 S.Ct. 909, 55 L.Ed.2d 70; Wright v. United States, 519 F. 2d 13, 19 (7th Cir.), cert. denied, 423 U.S. 932, 96 S.Ct. 285, 46 L.Ed.2d 262 (1975); O’Clair v. United States, 470 F. 2d 1199, 1203-04 (1st Cir. 1972), cert. denied, 412 U.S. 921, 93 S.Ct. 2741, 37 L.Ed.2d 148 (1973) (“It would seem apparent that if the state cannot constitutionally obtain two c…

  ← 1 / 2 →
• Johnson v. United States, 619 F.2d 366 (5th Cir. 1980)
  …ed by Johnson has been accepted by at least two Circuits. See O’Clair v. United States, 470 F. 2d 1199 (1st Cir. 1972), cert. denied, 412 U.S. 921, 93 S.Ct. 2741, 37 L.Ed.2d 148 (1973); Wright v. United States, 519 F. 2d 13 (7th Cir.), cert. denied, 423 U.S. 932, 96 S.Ct. 285, 46 L.Ed.2d 262 (1975). The Second Circuit has recently held, based not on Double Jeopardy but on Congressional intent, that a defendant cannot be convicted under both § 2113(a) and § 2113(d). Grimes v. United States, 607 F. 2d 6 (2d C…
• United States v. Pasquale Charles Marzano, 537 F.2d 257 (7th Cir. 1976)
  …fferent subsections of 2113 do not create different crimes but merely prescribe alternate sentences for the same crime depending on the manner in which the crime was committed. Wright v. United States, 519 F. 2d 13, 15 (7th Cir. 1975), cert. denied, 423 U.S. 932, 96 S.Ct. 285, 46 L.Ed.2d 262. Defendant was only charged with offenses under one subsection, section 2113(b). Robberies of multiple tellers within a bank are not separate takings within the meaning of the statute. United States v. Fleming, 504 F.…