PARKS ET AL.

v.

UNITED STATES

Citator

Cited By (11 total)

• 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.…
• Gov't of the Virgin Islands v. Reuben Dowling, 633 F.2d 660 (3d Cir. 1980)
  …ry of the bank itself under the Federal Bank Robbery Act, United States v. Davis, 573 F. 2d 1177, 1180 (10th Cir.), cert. denied, 436 U.S. 930, 98 S.Ct. 2829, 56 L.Ed.2d 775 (1978); Wright v. United States, 519 F. 2d 13, 20 (7th Cir.), cert. denied, 423 U.S. 932, 96 S.Ct. 285, 46 L.Ed.2d 262 (1975). Accordingly, the imposition by the district court of a separate sentence on this count was not error. We turn next to the sentences imposed on the five counts of the territorial information on which the appell…