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UNITED STATES v. RICCOBENE

Nos. 82-1399, 82-1410 to 1414.

709 F.2d 214 (1983)

UNITED STATES of America v. Mario RICCOBENE, Appellant in No. 82-1399 v. Joseph CIANCAGLINI, Appellant in No. 82-1410 v. Charles WARRINGTON, Appellant in No. 82-1411 v. Pasquale SPIRITO, Appellant in No. 82-1412 v. Joseph BONGIOVANNI, Appellant in No. 82-1413 v. Harry RICCOBENE, Appellant in No. 82-1414.

United States Court of Appeals, Third Circuit.

Decided May 20, 1983.

As Amended June 13, 1983.

Rehearing Denied June 16, 1983.

Certiorari Denied October 3, 1983.

Attorney(s) appearing for the Case

Peter F. Vaira, Jr., U.S. Atty., E.D. Pa., Joel M. Friedman, Albert J. Wicks, Sp. Attys., Dept. of Justice, Philadelphia, Pa., William C. Bryson (argued), Dept. of Justice, Washington, D.C., for appellee.

Carmen C. Nasuti (argued), Nasuti & Miller, Philadelphia, Pa., for Mario Riccobene.

Robert F. Simone (argued), Philadelphia, Pa., for Jos. Ciancaglini.

Oscar N. Gaskins, Gaskins & McCaskill, Philadelphia, Pa., for Chas. Warrington.

Bonnie B. Leadbetter (argued), Philadelphia, Pa., for Pasquale Spirito.

Alan B. Epstein (argued), Jablon, Epstein & Wolf, Philadelphia, Pa., for Jos. Bongiovanni.

Mario J. D'Alfonso, Camden, N.J., for Harry Riccobene.

Before ADAMS and HUNTER, Circuit Judges and ACKERMAN, District Judge.

Certiorari Denied October 3, 1983. See 104 S.Ct. 157.

OPINION OF THE COURT

ADAMS, Circuit Judge.

The appellants in this case challenge their convictions under the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1961 et seq. ("RICO"), and the federal gambling statute, 18 U.S.C. § 1955. Their primary argument is that the evidence failed to show beyond a reasonable doubt either that they were engaged in the conduct of a single...

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