United States Seventh Circuit

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US v. Loniello, 09-1494

In a prosecution of three defendants pursuant to the federal bank-robbery statute, 18 U.S.C. section 2113, district court's dismissal of the section 2113(a) charges, which forbids attempting to rob a bank by force or intimidation, is reversed as, under Blockburger, section 2113(a) creates two crimes, and here, there is no double jeopardy problem as defendants have been acquitted of the crimes defined in section 2113(a), paragraph 1, and they have yet to be tried on the charge that they committed the separate crime defined in section 2113(a), paragraph 2.

Appellate Information

  • Argued 09/14/2009
  • Submitted 06/29/2010
  • Decided 06/29/2010
  • Published 06/29/2010

Judges

  • <a href="http://pview.findlaw.com/view/1832599_1">EASTERBROOK, C. J.</a>

Court

  • United States Seventh Circuit

Counsel