UNITED STATES v. SUTTON

Nos. 78-5134 to 78-5139, 78-5141 to 78-5143.

605 F.2d 260 (1979)

UNITED STATES of America, Plaintiff-Appellee, v. Carl SUTTON, Jr., Joseph Spinoza Elkins, Dyeatra Ann Carter, Edwin Arthur Adams, Otis Hensley, Prince Albert Rankin, Samuel Lee Harris, Charles Edward Craven, Viola Holmes, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 4, 1979.


Attorney(s) appearing for the Case

Eugene D. Smith, Cincinnati, Ohio (Court-appointed), for defendants-appellants in 78-5134.

James C. Cissell, U. S. Atty., Terry Lehman, Asst. U. S. Atty., Dayton, Ohio, Paul J. Brysh, c/o T. George Gilinsky, Washington, D. C., for U. S. in all cases.

James R. Willis, Cleveland, Ohio, for defendants-appellants in 78-5135 and 78-5136.

Willis, Whitehead, Character, Adrine, Childs, Blackwell & Davison, Cleveland, Ohio, for defendants-appellants in 78-5135.

John Carson, Cleveland, Ohio, for defendants-appellants in 78-5136.

Philip L. Pleska, Lebanon, Ohio (Court-appointed), for defendants-appellants in 78-5137.

James D. Ruppert, Franklin, Ohio (Court-appointed), for defendants-appellants in 78-5138.

Calvin W. Prem, Cincinnati, Ohio (Court-appointed), for defendants-appellants in 78-5139.

Andrew B. Dennison, Cincinnati, Ohio (Court-appointed), for defendants-appellants in 78-5141.

Henry E. Sheldon, Cincinnati, Ohio (Court-appointed), for defendants-appellants in 78-5142.

Ronald A. Lipez, Cincinnati, Ohio (Court-appointed), for defendants-appellants in 78-5143.

Before ENGEL, KEITH and MERRITT, Circuit Judges.


MERRITT, Circuit Judge.

This case raises issues of first impression in our court concerning the scope of the federal enterprise racketeering statute, 18 U.S.C. §§ 1961-68 (1976). The law was enacted as Title IX of the Organized Crime Control Act of 1970 and is popularly known as RICO, an acronym for "Racketeer Influenced and Corrupt Organizations," the heading under which it appears in the criminal code. RICO's...

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