CANET

v.

FLORIDA

Citator

Cited By

• United States v. Baylin, 696 F.2d 1030 (3d Cir. 1982)
  …ted States v. Garcia, 636 F. 2d 122, 123 (5th Cir.1981) (per curiam); Hunter v. Fogg, 616 F. 2d 55, 61 (2d Cir.1980); Strader v. Garri [*1038] son, 611 F. 2d 61, 63 (4th Cir.1979); Bell v. North Carolina, 576 F. 2d 564, 565 (4th Cir.), cert. denied, 439 U.S. 956, 99 S.Ct. 356, 58 L.Ed.2d 348 (1978); Bunker v. Wise, 550 F. 2d 1155, 1158 (9th Cir.1977). This conclusion tracks the intent of the advisory committee that a judge need not inform a defendant of parole eligibility: Under the rule the judge is not…
• United States v. Goodman, 605 F.2d 870 (5th Cir. 1979)
  …hen two separately defined crimes constitute the ‘same offense’ for double jeopardy purposes. Brown v. Ohio, supra.” 435 U.S. at 11, 98 S.Ct. at 912, 55 L.Ed.2d at 75, 76. See also United States v. Nelson, 574 F. 2d 277 (5 Cir. 1978), cert. denied, 439 U.S. 956, 99 S.Ct. 355, 58 L.Ed.2d 347. In Simpson the Supreme Court held that in a prosecution growing out of a single transaction of bank robbery with firearms a defendant may not be sentenced under both 18 U.S.C., § 2113(d) and 18 U.S.C., § 924(c). This c…
• Grimes v. United States, 607 F.2d 6 (2d Cir. 1979)
  …t a felony when the underlying felony, armed bank robbery, is prosecutable under 18 U.S.C. § 2113(d). Accordingly, Grimes’ convictions under § 924(c) are vacated. Accord: United States v. Nelson, 574 F. 2d 277, 280-81 (5th Cir. 1978), cert. denied, 439 U.S. 956, 99 S.Ct. 355, 58 L.Ed.2d 347 (1978). Conclusion Grimes’ convictions under § 2113(a) are deemed merged into his convictions under § 2113(d), and the separate judgments of conviction entered under § 2113(a) are vacated; his convictions under § 924(…