United States v. Pinto, Biagio A/K/A Bob Pinto

OPINION OF THE COURT

VAN DUSEN, Senior Circuit Judge.

Defendant, Biagio Pinto, was charged in a three-count indictment with violating 18 U.S.C. § 2113(b), 18 U.S.C. § 1014, and 18 U.S.C. § 1343, respectively. The district court jury returned a verdict of guilty on Counts 1 and 2 and not guilty on Count 3. 1 Defendant was sentenced to five years’ imprisonment on Count 1 and five years’ probation on Count 2. We reverse defendant’s conviction and sentence under Count 1 because his conduct lies outside the scope of activity proscribed by 18 U.S.C. § 2113(b). We affirm his conviction on Count 2 and…