United States v. George Manuel Bosque

George Manuel Bosque appeals from his conviction of aggravated bank larceny ( 18 U.S.C. § 2113 (b), (d)) and theft from an interstate shipment ( 18 U.S.C. § 659 ). He argues that conviction under the enhancement portion of section 2113(d) was improper because he was not committing the actual robbery when he assaulted the victim. He also argues that the concurrent sentences he received constitute multiple punishments for a single act. We affirm.

FACTS

Bosque, a former Brinks’ guard, was a member of the Brinks’ crew meeting a $1,850,000 currency shipment arriving at San Francisco International Airport on August 15,1980. The currency shipment originated from federally insured banks in Hawaii and was to be transported by Brinks to the Federal Reserve Bank in San Francisco.

After the money was loaded into the Brinks’ truck, Bosque left without the other crew members and drove the Brinks’ truck containing the currency to the Airport Hilton Hotel, approximately one-quarter of a mile away.

As Bosque pulled into the hotel parking lot, a hotel maid, Ms. Lai, was parking her car before work. Bosque left the truck, and, carrying the bags of currency, ran to Lai’s car. He pulled a handgun…