US v. Cesare, No. 08-2749

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. 

Read US v. Cesare, No. 08-2749

Appellate Information

On Appeal from the United States District Court for the Western District of Pennsylvania (D.C. Criminal Action No. 1-07-cr-00053-001)  

District Judge: Honorable Sean J. McLaughlin

Opinion Filed September 18, 2009

Judges

Before: Fuentes, Nygaard, and  Jordan, Circuit Judges 
Opinion by Nygaard, Circuit Judge 

Counsel

Counsel for Appellant:Candace Cain

Counsel for Appellee: Robert L. Eberhardt, Kelly R. Labby, Office of the United States Attorney