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UNITED STATES v. DeVINCENT

Nos. 76-1224, 76-1225.

546 F.2d 452 (1976)

UNITED STATES of America, Appellee, v. Richard DeVINCENT a/k/a Vinnie, Appellant. UNITED STATES of America, Appellee, v. Robert VISCONTI, Appellant.

United States Court of Appeals, First Circuit.

Decided December 8, 1976.

Attorney(s) appearing for the Case

Brian J. McMenimen, Boston, Mass., for Robert Visconti, appellant.

Stephen M. Salon, Boston, Mass., with whom Salon, Silver, McCabe & Sidel, Boston, Mass., on brief for Richard DeVincent, appellant.

Dennis A. Winston, Atty., Dept. of Justice, Washington, D.C., with whom James N. Gabriel, U.S. Atty., Martin Boudreau, Sp. Atty., Justice Dept., Boston, Mass., and Mervyn Hamburg, Atty., Dept. of Justice, Washington, D.C., on brief for appellee.

Before COFFIN, Chief Judge, CLARK, Associate Justice, U.S. Supreme Court (Ret.), and CAMPBELL, Circuit Judge.

COFFIN, Chief Judge.

The appellants were convicted of conspiring to make, and of making, an extortionate extension of credit in violation of 18 U.S.C. § 892(a). The statute is a recent one, aimed at "loan sharks". Several of the issues raised by appellants revolve around the definition of an "extortionate" extension of credit. 18 U.S.C. § 891(6) states that

"[a]n extortionate extension of credit is any extension of credit with respect to which it...

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