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UNITED STATES v. PERSICO

No. S 84 Cr. 809 (JFK).

620 F.Supp. 836 (1985)

UNITED STATES of America v. Carmine PERSICO, a/k/a "The Snake," a/k/a "Junior," Gennaro Langella, a/k/a "Gerry Lang," Thomas Dibella, a/k/a "The Old Man," Alphonse Persico, a/k/a "Little Allie Boy," Dominic Montemarano, a/k/a "Donny Shacks," John J. Deross, a/k/a "Jackie," Frank Melli, a/k/a "Beansie," Anthony Scarpati, a/k/a "Scappy," Andrew Russo, a/k/a "Andy Mush," Dominic Cataldo, a/k/a "Little Dom," Frank Falanga, a/k/a "Frankie The Beast," Hugh McIntosh, a/k/a "Apples," Vito Pitta and Ralph Scopo, Defendants.

United States District Court, S.D. New York.

July 23, 1985.

Attorney(s) appearing for the Case

Rudolph W. Giuliani, U.S. Atty. for the S.D. of N.Y., New York City, for the U.S.; Bruce A. Baird, Aaron R. Marcu, Frank H. Sherman, Asst. U.S. Attys., New York City, of counsel.

Frank A. Lopez, Brooklyn, N.Y., for defendant Carmine Persico.

Santangelo & Cohen, for defendant Andrew Russo; George L. Santangelo, New York City, of counsel.

Michael F. Coiro, Jr., Bellmore, N.Y., for defendant Dominic Cataldo.

Genovesi & Kellman, for defendant Hugh McIntosh; Susan G. Kellman, Brooklyn, N.Y., of counsel.

OPINION and ORDER

KEENAN, District Judge:

Defendants Carmine Persico, Andrew Russo, Dominic Cataldo and Hugh McIntosh move this Court for an order dismissing the charges against them, brought pursuant to the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968 ("RICO"), on the ground that the use of a prior conviction as a predicate act for a subsequent RICO prosecution violates (i) the Double Jeopardy Clause of the Fifth...

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