United States Third Circuit

Sentence of defendant convicted of bank robbery and armed bank robbery is vacated for the lesser included offense as district court erred by imposing separate sentences for each conviction even though it ordered the terms of imprisonment and supervised release to be served concurrently as defendant received concurrent sentences for lesser included offenses in violation of double jeopardy, as well as two separate special assessments constituting impermissible double punishment.

Appellate Information

• Decided 09/18/2009
• Published 09/18/2009

Judges

• Before FUENTES, JORDAN, and NYGAARD, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Candace Cain, Esq., Pittsburgh, PA, for Appellant.


• For Appellees:
  
• Robert L. Eberhardt, Esq., Kelly R. Labby, Esq., Office of the United States Attorney, Pittsburgh, PA, for Appellee.