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RIZZO v. U.S.

No. 85-1984.

821 F.2d 1271 (1987)

Patrick R. RIZZO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 2, 1987.

Attorney(s) appearing for the Case

Jo Ellen J. Watts, Jenner & Block, Chicago, Ill., for petitioner-appellant.

David H. Miller, Asst. U.S. Atty., R. Lawrence Steele, Jr., U.S. Atty., Ft. Wayne, Ind., for respondent-appellant.

Before BAUER, Chief Judge, CUDAHY and POSNER, Circuit Judges.

BAUER, Chief Judge.

In 1967, at the age of 21, Patrick Rizzo was separately convicted both of robbing a federally insured bank while using a dangerous weapon, 18 U.S.C. § 2113(d), and of forcing a jail employee to aid him in an attempted escape, 18 U.S.C. § 2113(e). Although the convictions arose from two separate incidents, Rizzo was sentenced for each at the same time. He received the maximum sentence for both...

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