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U.S. v. COONAN

No. 898, Docket 88-3007.

839 F.2d 886 (1988)

UNITED STATES of America, v. James COONAN, a/k/a "Jimmy," Kevin Kelly, James McElroy, a/k/a "Jimmy Mack," William Bokum, Kenneth Shannon, John Halo, Edna Coonan, a/k/a "Julia Coonan," Richard Ritter, a/k/a "Muggsy," Thomas Collins, and Florence Collins, Defendants. In re UNITED STATES of America, Petitioner.

United States Court of Appeals, Second Circuit.

Decided February 5, 1988.

Opinions February 11, 1988.

Attorney(s) appearing for the Case

Aaron R. Marcu, Asst. U.S. Atty., S.D.N.Y., New York City, (Rudolph W. Giuliani, U.S. Atty., S.D.N.Y., New York City, Mary Lee Warren, David Brodsky, Asst. U.S. Attys., of counsel), for petitioner.

Vivian Shevitz, New York City (Gerald L. Shargel, Georgia J. Hinde, New York City, Frank A. Lopez, Sercarz, Schechter & Lopez, Brooklyn, N.Y., Fern H. Shwaber, Alfred M. Christiansen, Robert Blossner, Lawrence H. Schoenbach, Ronald L. Garnett, Wiggins, Holt & Garnett, New York City, of counsel), for defendants James Coonan, Edna Coonan, James McElroy, William Bokum, John Halo, Richard Ritter and Thomas Collins.

Henriette D. Hoffman, New York City (Colleen P. Cassidy, Federal Defender Services Unit, The Legal Aid Society, New York City, of counsel), for defendant Florence Collins.

Before TIMBERS, WINTER and ALTIMARI, Circuit Judges.

WINTER, Circuit Judge:

This petition for a writ of mandamus involves an ongoing criminal RICO trial before Judge Knapp and arises because of the government's insistence that the jury, before determining guilt as to individual predicate acts, be informed that two such acts are necessary to sustain a RICO conviction. We denied the petition shortly after oral argument on February 5, 1988; this opinion sets out our reasons.

BACKGROUND

The fifteen-count...

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