United States v. Julio Antonio Duran, (Two Cases)

Julio Antonio Duran was charged with committing three separate armed bank robberies, in violation of 18 U.S.C. §§ 2113 (a) and (d), and three counts of using and carrying a firearm during a crime of violence, in violation of 18 U.S.C. § 924 (c). The use of a firearm counts were brought in connection with the armed bank robbery counts. In addition, Duran was charged with one count of possession of a sawed-off shotgun, in violation of 26 U.S.C. §§ 5861 (d) and 5871. At the end of the government’s case-in-chief, the district court granted Duran’s motion for judgment of acquittal as to one of the bank robbery counts and the connected use of a firearm count. Duran was convicted on two counts of bank robbery, two counts of using a firearm, and of possession of a sawed-off shotgun. After a subsequent 28 U.S.C. § 2255 hearing, Duran’s bank robbery and use of a firearm convictions were vacated. The sawed-off shotgun conviction remained intact.

On retrial, Duran was reconvicted of only one of the remaining bank robbery counts and one of the remaining use of a firearm counts. He was sentenced to a 125-month term for the bank robbery and an additional 60-month consecutive term for…