Legal Opinion
United States v. Samuel Marshall and William Hazel Peterkin, Jr.
Court of Appeals for the Second Circuit
Decided June 1, 1970No. 34163-34164_1PublishedCited by 35 opinions
1Opinion of the Court
LUMBARD, Chief Judge.
Samuel Marshall and William Peterkin appeal from their convictions by a jury in the Eastern District of New York of bank robbery and aggravated bank robbery, 18 U.S.C. § 2113(a) and (d), and from their respective concurrent sentences under the same subsections. 1 We find no error in the convictions under section 2113(a) and affirm. However, we vacate the convictions under section 2113(d), since it was improper to sentence Marshall and Peterkin under both subsections 2 and because there was plain error in the trial judge’s charge as to that count.
The indictment contained…
2Cases cited6 opinions
- Loy Lavator Baker v. United StatesCourt of Appeals for the Fifth Circuit · 1969
- Raymond John Wagner, Anthony Joseph Cambiano and Donald Vandergrift v. United StatesCourt of Appeals for the Ninth Circuit · 1959
- United States v. Robert L. Donovan, Albert Andrews and Hyman CohenCourt of Appeals for the Second Circuit · 1957
- Eloyd Morrow v. United StatesCourt of Appeals for the Eighth Circuit · 1969
- Eddie Lewis v. United States of America, James G. Nelson v. United StatesCourt of Appeals for the Tenth Circuit · 1966
1 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Grimes v. United StatesCourt of Appeals for the Second Circuit · 1979
- United States v. Gregory CrouthersCourt of Appeals for the Tenth Circuit · 1982
- United States v. Horsun HowardCourt of Appeals for the Second Circuit · 1974
- United States v. David Ray, A/K/A David YoungCourt of Appeals for the D.C. Circuit · 1994
- United States v. Sada Vargas, A/K/A Zaida HernandezCourt of Appeals for the Second Circuit · 1980
30 more not listed; retrieve them via the Exa API.