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UNITED STATES v. FASOLINO

No. 180, Docket 78-1225.

586 F.2d 939 (1978)

UNITED STATES of America, Appellee, v. Jerry FASOLINO, Appellant.

United States Court of Appeals, Second Circuit.

Decided October 30, 1978.

Attorney(s) appearing for the Case

Mark J. Mahoney, Doyle, Diebold, Bermingham, Gorman & Brown, Buffalo, N. Y., for appellant.

Michael J. Keane, Dept. of Justice, Washington, D. C. (Richard J. Arcara, U. S. Atty., W.D.N.Y., Buffalo, N. Y., Jerome M. Feit, Dept. of Justice, Washington, D. C., Richard D. Endler, Sp. Atty., Buffalo Strike Force, Buffalo, N. Y., of counsel), for appellee.

Before OAKES, GURFEIN and MESKILL, Circuit Judges.

PER CURIAM:

Appellant argues that the proof of the crime of which he was convicted, corruptly endeavoring to influence the court or affect the due administration of justice,1 was insufficient. We disagree and accordingly affirm the judgment of the United States District Court for the Western District of New York, John T. Elfvin, Judge.2

The three elements of the crime are (1) endeavoring, (2...

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