BISMARCK, N.D. - The man accused of making a bomb threat and attempting to rob Starion Bank Wednesday had just finished serving a sentence for robbing another bank.
The U.S. Attorney's office says 54-year-old Rondal Heitsch was sentenced in 2017 to five years for robbing Bremer Bank in Bismarck in September 2016 .
Heitsch was released early though because of a change in federal sentencing laws. The changes come from a 2004 sentence.
In 2004, Heitsch was arrested for being a felon with a firearm. During his sentencing for the charge he was labeled as an armed career criminal. The minmum sentence for someone with this tag is 15 years to life. Heitsch was sentenced to 15 years.
In 2015, Minnesota native and convicted criminal Samuel James Johnson and his attorney's argued before the U.S. Supreme court the armed career criminal tag was unconstitutionally vague violated a person's due process. Eight of the U.S. Supreme court judges agreed ending the Armed Career Criminal Act (ACCA).
When the supreme court ruled on the ACCA Heitsch had already served 12 years of his 2004 sentence. In June 2016 a federal judge corrected Heitsch's sentence to 10 years meaning he will be released from prison and also get 24 months credit for time served.
In April 2017 Heitsch was sentenced to 63 months for robbing Bremer Bank on Washington Street in Bismarck. As part of the sentencing he was given 24 months of time served from the 2004 sentencing. He was also given another seven months of time served for the time he spent between being arrested for the bank robbery and sentencing.
The U.S. Attorney's office says Heistch was transferred to Centre Inc. in Mandan as he was nearing the end of his sentence.
The office says Heitsch's sentence ended on Tuesday, a day before the Starion Bank bomb threat and attempted robbery in Bismarck.
The Federal Bureau of Prisons online records says Heitsch escaped from custody on Wednesday. The U.S. Attorney's office says its unsure as to why the website says that.
KFYR-TV has reached out to the Federal Bureau Of Prisons for clarification and has not heard back.
Heitsch has been charged with robbery and terrorizing, his bond has been set at $250,000.