U.S. v. CICCO

No. 90-5947.

938 F.2d 441 (1991)

UNITED STATES of America, Appellant, v. Nicholas J. CICCO; Vincent Tabbachino.

United States Court of Appeals, Third Circuit.

Decided July 12, 1991.


Attorney(s) appearing for the Case

Michael Chertoff, U.S. Atty., Edna Ball Axelrod (argued), Chief, Appeals Div., U.S. Attys. Office, Newark, N.J., for appellant.

John J. Bruno, Jr. (argued), Bruno & Ferraro, Rutherford, N.J., for Appellee Nicholas J. Cicco.

Anthony A. Kress (argued), Hackensack, N.J., for appellee Vincent Tabbachino.

Before STAPLETON, GREENBERG and HIGGINBOTHAM, Circuit Judges.


OPINION OF THE COURT

STAPLETON, Circuit Judge:

I.

The United States appeals from an order acquitting the defendants on two counts of a multicount indictment after a jury had returned guilty verdicts as to those counts. The district court ruled that, as applied to the indictment before it, 18 U.S.C. § 666 was ambiguous. It applied the rule of lenity and concluded that defendants' conduct was outside the ambit of the statute. Alternatively,...

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