simpson
argued
november
decided
february
punishment
bank
robbery
may
enhanced
robbery
committed
use
dangerous
weapon
device
title
provides
whoever
uses
firearm
commit
felony
may
prosecuted
shall
subject
penalty
addition
punishment
provided
commission
felony
petitioners
convicted
two
separate
aggravated
bank
robberies
using
firearms
commit
robberies
violation
sentenced
consecutive
terms
imprisonment
robbery
firearms
counts
district
rejecting
contention
imposition
cumulative
penalties
two
crimes
impermissible
charges
merged
firearms
offenses
purposes
sentencing
appeals
affirmed
held
prosecution
growing
single
transaction
bank
robbery
firearms
defendant
may
sentenced
construction
provisions
supported
legislative
history
also
established
rules
statutory
construction
ambiguity
concerning
ambit
criminal
statutes
resolved
favor
lenity
bass
rewis
precedence
given
terms
specific
statute
general
statute
specific
statute
speak
concern
even
general
provision
enacted
later
pp
reversed
remanded
together
simpson
also
certiorari
brennan
delivered
opinion
burger
stewart
white
marshall
blackmun
powell
stevens
joined
rehnquist
filed
dissenting
opinion
post
robert
willmott
appointment
argued
cause
filed
brief
petitioners
cases
bartow
farr
iii
argued
cause
cases
brief
acting
solicitor
general
friedman
assistant
attorney
general
civiletti
john
klein
justice
brennan
delivered
opinion
punishment
bank
robbery
fine
imprisonment
years
may
enhanced
fine
imprisonment
years
robbery
committed
use
dangerous
weapon
device
another
statute
provides
whoever
uses
firearm
commit
felony
may
prosecuted
shall
addition
punishment
provided
commission
felony
sentenced
term
imprisonment
less
one
year
ten
years
case
second
subsequent
conviction
subsection
imprisonment
less
years
shall
term
imprisonment
imposed
subsection
run
concurrently
term
imprisonment
imposed
commission
felony
petitioners
convicted
two
separate
bank
robberies
committed
firearms
question
decision
whether
construed
intended
congress
authorize
case
bank
robbery
committed
firearms
imposition
increased
penalty
also
imposition
additional
consecutive
penalty
september
petitioners
using
handguns
intimidate
bank
employees
robbed
east
end
branch
commercial
bank
middlesboro
app
less
two
months
later
november
petitioners
returned
middlesboro
time
using
handguns
robbed
west
end
branch
commercial
bank
amount
petitioners
received
separate
jury
trial
robbery
trial
first
robbery
convicted
aggravated
bank
robbery
violation
using
firearms
commit
robbery
violation
sentenced
consecutive
terms
years
imprisonment
robbery
count
years
imprisonment
firearms
count
trial
second
robbery
petitioners
convicted
one
count
aggravated
bank
robbery
violation
one
count
using
firearms
commit
crime
violation
received
sentence
robbery
sentence
firearms
count
sentences
run
consecutively
sentences
previously
imposed
sentencing
proceedings
following
conviction
counsel
petitioners
argued
imposition
cumulative
penalties
two
crimes
impermissible
charge
merged
firearms
offense
purposes
sentencing
district
disagreed
holding
statutes
legislative
history
indicat
intention
impose
additional
punishment
app
appeals
sixth
circuit
affirmed
without
published
opinion
granted
certiorari
resolve
apparent
conflict
decision
decision
appeals
eighth
circuit
eagle
reverse
ii
quite
clearly
addressed
concern
designed
combat
problem
use
dangerous
weapons
particularly
firearms
commit
federal
felonies
although
agree
appeals
creates
offense
distinct
underlying
federal
felony
ramirez
sudduth
believe
beginning
end
analysis
necessary
answer
question
presented
decision
blockburger
set
test
determining
whether
two
offenses
sufficiently
distinguishable
permit
imposition
cumulative
punishment
brown
ohio
held
applicable
rule
act
transaction
constitutes
violation
two
distinct
statutory
provisions
test
applied
determine
whether
two
offenses
one
whether
provision
requires
proof
fact
blockburger
supra
see
also
brown
ohio
supra
ianelli
gore
blockburger
test
primary
relevance
double
jeopardy
context
guide
determining
two
separately
defined
crimes
constitute
offense
double
jeopardy
purposes
brown
ohio
supra
cases
government
able
prove
violations
two
separate
criminal
statutes
precisely
factual
showing
raise
prospect
double
jeopardy
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need
evaluate
statutes
light
blockburger
test
test
government
argues
satisfied
litigation
need
reach
issue
examination
made
determine
whether
cumulative
punishments
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offenses
constitutionally
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necessary
following
practice
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constitutional
decisions
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determine
whether
congress
intended
subject
defendant
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penalties
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congress
said
authorized
imposition
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penalty
commission
bank
robbery
firearms
already
subject
enhanced
punishment
cf
gore
supra
iii
first
legislative
history
provision
enacted
part
gun
control
act
included
original
gun
control
bill
offered
amendment
house
floor
representative
poff
cong
rec
statement
immediately
following
introduction
amendment
representative
poff
observed
sake
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history
noted
substitute
intended
apply
title
sections
already
define
penalties
use
firearm
assaulting
officials
sections
concerning
armed
robberies
mail
banks
section
concerning
armed
assaults
upon
process
servers
chapter
defines
firearm
felonies
second
construe
statute
allow
additional
sentence
authorized
pyramided
upon
sentence
already
enhanced
violate
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rule
construction
ambiguity
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resolved
favor
lenity
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rewis
see
adamo
wrecking
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history
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sparse
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points
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congressional
view
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history
nearly
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bell
ladner
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prince
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ladner
policy
lenity
means
interpret
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criminal
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increase
penalty
places
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guess
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rodriguez
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determine
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rule
lenity
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punishments
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definite
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indeed
one
time
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penalty
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justice
found
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specific
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statutes
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sufficient
reason
advise
attorneys
prosecute
defendant
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statute
defendant
charged
violating
already
provid
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penalties
firearm
used
commission
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view
congressional
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two
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accordingly
hold
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single
transaction
bank
robbery
firearms
defendant
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cases
therefore
reversed
remanded
appeals
proceedings
consistent
opinion
ordered
footnotes
title
provide
whoever
force
violence
intimidation
takes
attempts
take
person
presence
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property
money
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value
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care
custody
control
management
possession
bank
credit
union
savings
loan
association
whoever
enters
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enter
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credit
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loan
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building
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whole
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credit
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credit
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felony
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bank
credit
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savings
loan
association
violation
statute
larceny
shall
fined
imprisoned
twenty
years
whoever
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offense
defined
subsections
section
assaults
person
puts
jeopardy
life
person
use
dangerous
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complete
text
provides
whoever
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term
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case
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person
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two
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shall
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sentence
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person
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term
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agreement
appeals
sixth
circuit
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appeals
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crew
appeals
fifth
circuit
perkins
senate
house
reports
bank
robbery
act
first
made
bank
robbery
federal
offense
included
provisions
state
legislation
directed
rash
gangsterism
roving
bandits
southwest
northwest
rob
banks
elude
capture
state
authorities
crossing
state
lines
vast
majority
bank
robberies
undoubtedly
accomplished
use
guns
various
sorts
indeed
originally
proposed
provision
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dangerous
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language
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house
floor
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robber
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nitroglycerin
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rec
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covers
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gas
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rocket
iv
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carolina
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litigation
petitioners
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blockburger
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brown
ohio
ante
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brown
ohio
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