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UNITED STATES v. CLEMENTE

Nos. 549 to 553, Dockets 80-1261, 80-1263, 80-1271, 80-1273 and 80-1275.

640 F.2d 1069 (1981)

UNITED STATES of America, Appellee, v. Michael CLEMENTE, Tino Fiumara, Thomas Buzzanca, Vincent Colucci, Carol Gardner, Michael Copolla and Gerald Swanton, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided February 26, 1981.

Rehearing Denied April 14, 1981.

Attorney(s) appearing for the Case

Alan M. Dershowitz, Cambridge, Mass. (Nathan Dershowitz, Jeanne Baker, David Fine, Cambridge, Mass., of counsel, Richard Strafter, Holly Skolnick, John Batter, Joann Crispi, Cambridge, Mass., on the brief), for defendant-appellant Clemente.

Carl M. Bornstein, New York City (Barry A. Bohrer, New York City, of counsel), for defendant-appellant Colucci.

Herbert O. Reid, Sr., Howard University School of Law, Washington, D.C. (William A. Borders, Jr., Washington, D.C., of counsel), for defendant-appellant Gardner.

Irving Anolik, New York City, for defendants-appellants Buzzanca, Fiumara and Copolla.

Maurice M. McDermott, New York City (Paul R. Grand, Norman L. Ostrow, Grand & Ostrow, New York City, of counsel), for defendant-appellant Swanton.

Michael S. Devorkin, Asst. U.S. Atty., New York City (John S. Martin, Jr., U.S. Atty., for the Southern District of New York, Daniel H. Bookin, Ruth N. Glushien, Mary Jo White, Asst. U.S. Attys., New York City, of counsel), for the United States of America.

Before FEINBERG, Chief Judge, and FRIENDLY and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

This case concerns racketeering activity that has plagued waterfront businesses in New York and New Jersey. Judgments of conviction were entered in the United States District Court for the Southern District of New York after a twelve-week jury trial before Judge Sand. The indictment contained 213 counts, charging the defendants with engaging in extortion in violation of the Hobbs Act, 18 U.S.C. § 1951 (1976); receiving bribes in violation...

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