United States v. Kenneth Eugene Holloway
Opinion
Opinion
Noonan, J.
Kenneth Eugene Holloway files an interlocutory appeal from the district court’s denial of his motion to dismiss a superseding indictment charging him with violation of the Hobbs Act, 18 U.S.C. § 3231 . This court had reversed his conviction of armed robbery of a federally-insured credit union in violation of the Federal Bank Robbery Act (the FBRA), 18 U.S.C. § 2113 (a) and (d). United States v. Holloway, 259 F.3d 1199, 1202 (9th Cir.2001). We hold that conviction of violating the FBRA necessarily establishes the facts that would be needed for a conviction of violation of the Hobbs Act. The prosecution under the Hobbs Act therefore puts Holloway in jeopardy again for the same offense and violates the Double Jeopardy provision, U.S. Constitution, Amendment V.
FACTS
On March 25, 1997, Holloway and two companions robbed at gun point the First United Services Credit Union (the credit 3 union) in Alameda, California. He was captured by police within minutes of the robbery. Id. at 1200 .
PROCEEDINGS
On April 10,1997, Holloway was indicted for armed bank robbery in violation of 18 U.S.C. § 2113 (a) and (d), for carrying a firearm in relation to a violent crime in violation of 18…