United States v. Gregory G. Lewis

On remand from this court for resentenc-ing, see United States v. Lewis, 787 F.2d 1318 (9th Cir.), amended, 798 F.2d 1250 (9th Cir.1986) (“Lewis /”), the district court sentenced Lewis to twenty-five years imprisonment for armed bank larceny and ordered such sentence to run consecutively with three concurrent sentences previously imposed for other convictions. Lewis contends the district judge lacked authority to impose such sentence and we agree in part.

FACTS AND PROCEEDINGS

In October 1983, Lewis and three others robbed the Family Savings and Loan in Los Angeles. The robbers left the bank in a van the owner of which was later discovered shot to death.

After investigation, the police uncovered an inside accomplice who named Lewis as one of the bank robbers. The government charged Lewis with four counts: (1) conspiracy; (2) three charges under 18 U.S.C. § 2113 — armed bank larceny, 18 U.S.C. § 2113 (b) (taking with intent to steal money exceeding $100) and (d) (committing theft by assault or putting the life of any person in jeopardy by use of a dangerous weapon) and killing in an attempt to avoid apprehension for the bank larceny, 18 U.S. C. § 2113(e); and (3)-(4) two counts…