Elwood Calvin Burger v. United States

Elwood C. Burger was convicted, pursuant to a two-count indictment, of violating 18 U.S.C.A. § 2113(a) and 18 U. S.C.A. § 2113(d). He was sentenced to serve eighteen years on each count, with the sentences to run concurrently.

Section 2113(a) [Bank Robbery] is a lesser included offense of Section 2113(d) [Putting Life in Jeopardy During a Bank Robbery]. Accordingly, “the law in this Circuit is now clear that separate penalties under the various subsections of the Federal Bank Robbery Act are improper, whether imposed consecutively or concurrently.” Rose v. United States, 5 Cir., 1971, 448 F.2d…