U.S. v. Hunter, 75-2510
| Decision Date | 21 July 1976 |
| Docket Number | No. 75-2510,75-2510 |
| Citation | 538 F.2d 1239 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Jerry HUNTER, Defendant-Appellant. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Katherine Keller, Cincinnati, Ohio (Court-appointed), for defendant-appellant.
Ralph B. Guy, Jr., U. S. Atty., J. Brian McCormick, Christopher A. Andreoff, Asst. U. S. Attys., Detroit, Mich., for plaintiff-appellee.
Before EDWARDS and LIVELY, Circuit Judges, and McALLISTER, Senior Circuit Judge.
This is an appeal from jury convictions on two counts 1) of bank robbery by assault with a deadly weapon, in violation of 18 U.S.C. § 2113(b) and (d) (1970), and 2) a count of kidnapping during the commission of the bank robbery, in violation of 18 U.S.C. § 2113(e) (1970).
Defendant was sentenced to 35 years of imprisonment on both counts, with the terms to run concurrently.
The proofs at trial showed that on October 9, 1974, three armed men forced their way into the home of Richard Green, manager of the Ypsilanti Savings Bank in Grass Lake, Michigan, and bound and gagged the members of the family. In the early morning hours of October 11, Mr. Green was forced to go to the bank, under instructions to procure $50,000 in exchange for the safe return of his wife and two children. Green complied and took approximately $32,000 from the bank and left it in an open field, which had been designated by the bandits as the drop site. These facts and the identity of the appellant as one of the participants in the crime were established by evidence at the trial furnished by members of the family and one of the principals in the robbery.
On appeal to this court no issues pertaining to guilt or innocence are presented, but it is asserted that the District Court erred in administering two separate 35-year concurrent sentences and in allowing the jury to consider and bring in guilty verdicts on two counts which it is claimed arose entirely from the commission of one criminal act.
At oral argument the Assistant United States Attorney conceded error in the administration of two sentences under the facts of this case and joined in requesting the court to vacate both sentences and remand for resentencing under the conviction on the second count of kidnapping during the commission of a bank robbery, in violation of 18 U.S.C. § 2113(e) (1970). In view of the holding of the United States Supreme Court in Prince v. United States, 352 U.S. 322, 77 S.Ct. 403, 1 L.Ed.2d 370 (1957), which rejected pyramiding...
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...years for kidnapping during a bank robbery. The sentences were to run consecutively for a total of 35 years. Applying United States v. Hunter, 538 F.2d 1239 (6th Cir.1976), the court held that the two offenses merged and that a sentence should have been imposed on only the most aggravated c......
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U.S. v. Miller
...Id. at 315. We held that the offense under subsections (a) and (d) merged into the subsection (e) offense. In United States v. Hunter, 538 F.2d 1239 (6th Cir.1976), where defendant was convicted under subsections (b), (d) and the first clause of (e), we vacated the sentences under subsectio......
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Bryan v. U.S.
...not multiple convictions--for the several crimes set forth in 18 U.S.C. Sec. 2113." This position was reiterated in United States v. Hunter, 538 F.2d 1239 (6th Cir.1976), where this Court refused to vacate convictions of bank robbery by assault (18 U.S.C. Sec. 2113(b) and (d) and kidnapping......
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U.S. v. Burnette
...for federal bank robbery even though the defendant's conduct may violate more than one subsection of § 2113. See United States v. Hunter, 538 F.2d 1239 (6th Cir.1976);3 United States v. Moore, 688 F.2d 433 (6th Cir.1982). 4 Building on that line of cases and the provisions of § 2113(e), the......