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U.S. v. LONIELLO

Nos. 09-1494, 09-1606.

610 F.3d 488 (2010)

UNITED STATES of America, Plaintiff-Appellant, v. Mickey LONIELLO and Nathaniel Aguilar, Defendants-Appellees. United States of America, Plaintiff-Appellant, v. Walter Thornton, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 29, 2010.

Attorney(s) appearing for the Case

Stuart D. Fullerton (argued), Office of the United States Attorney, Chicago, IL, for Plaintiff-Appellant.

Steven Shobat, Beau B. Brindley, Shapiro & Brindley, Sarah O'Rourke Schrup (argued), Northwestern University School of Law, Chicago, IL, for Defendant-Appellee.

Before EASTERBROOK, Chief Judge, and BAUER and EVANS, Circuit Judges.

EASTERBROOK, Chief Judge.

The federal bank-robbery statute, 18 U.S.C. § 2113, comprises several crimes, including attempted bank robbery, armed bank robbery, unarmed bank robbery, assault during a bank robbery, and receiving the proceeds of a bank robbery. This appeal presents the question whether this statute's first subsection creates one crime or two. This subsection provides:

Whoever, by force and violence, or by intimidation, takes, or attempts...

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