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UNITED STATES v. COIA

No. 82-5369.

719 F.2d 1120 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. Arthur A. COIA, Arthur E. Coia, Albert J. Le Pore, and Joseph J. Vacarro, Jr., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

November 17, 1983.

Attorney(s) appearing for the Case

Daniel I. Small, U.S. Dept. of Justice, Organized Crime/Racketeering Section, William C. Bryson, Washington, D.C., for plaintiff-appellant.

Joseph Beeler, James J. Hogan, Miami, Fla., for Arthur E. Coia.

Joseph T. Travaline, Burlington, Mass., Leppo & Traini, Anthony M. Traini, Boston, Mass., for Joseph J. Vacarro, Jr.

Before TJOFLAT, VANCE and CLARK, Circuit Judges.

TJOFLAT, Circuit Judge:

The United States appeals the dismissal on statute of limitations grounds of an indictment alleging that Arthur A. Coia, Arthur E. Coia, Albert J. Le Pore, and Joseph J. Vacarro, Jr., violated the conspiracy portion of the Racketeer Influenced and Corrupt Organization Act (RICO), 18 U.S.C. § 1962(d) (1976).1 We reverse.

I.

On September 23, 1981, a federal grand jury in the Southern District...

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