U.S. v. Loniello

Federal 7th Circuit Court
Criminal Court
Double Jeopardy
Citation
Case Number: 
Nos. 09-1494 & 09-1606 Cons.
Decision Date: 
June 29, 2010
Federal District: 
N.D. Ill., E. Div.
Holding: 
Reversed and remanded
Dist. Ct. erred in dismissing on double jeopardy grounds indictment alleging under paragraph 2 of 18 USC section 2113(a) offense of attempted bank robbery where defendant had previously been acquitted of attempted bank robbery under paragraph 1 of section 2113(a) arising out of same incident. Ct. rejected defendant's contention that paragraphs1 and 2 of section 2113(a) created only single offense and found that said paragraphs created different offenses under standard set forth in Blockburger, 284 US 299.