UNITED STATES of America, Appellee,
v.
Alex SIMMONS, a/k/a "Yaqui," Robert Cofer, Arnold Lawson, a/k/a "Country Bones," Larry Caldwell, Miriam Baker, Barry Judd, a/k/a "Box," William Norris, a/k/a "El San," Gary Simmons, a/k/a "Merciful," a/k/a "Merc," Lawrence Williams, a/k/a "Hammy Red," Steven Monsanto, a/k/a "Stevie," a/k/a "Fats," Peter Monsanto, a/k/a "PJ," a/k/a "Petey," Sedgwick Harvey, a/k/a "Uncle Harvey," Defendants-Appellants.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Argued September 17, 1990.
Decided January 11, 1991.
As Amended February 20, 1991.
Attorney(s) appearing for the Case
Barry M. Fallick, New York City (Rochman, Platzer & Fallick, of counsel), for defendant-appellant Alex Simmons.
Bobbi C. Sternheim, New York City, for defendant-appellant Robert Cofer.
David Gordon, New York City, for defendant-appellant Arnold Lawson.
Philip Katowitz, New York City, for defendant-appellant Larry Caldwell.
Larry Caldwell, Lompoc, Cal., pro se.
Charles Adler, New York City (Goltzer & Adler, of counsel), for defendant-appellant Miriam Baker.
Howard Mullholland, New York City, for defendant-appellant Barry Judd.
Marion A. Seltzer, New York City, for defendant-appellant William Norris.
Frederick H. Block, New York City, for defendant-appellant Gary Simmons.
Oscar Holt, New York City (Wiggins, Holt & Garnett, of counsel), for defendant-appellant Lawrence Williams.
Martin Goldberg, Franklin Square, N.Y., for defendant-appellant Steven Monsanto.
David L. Lewis, New York City, for defendant-appellant Peter Monsanto.
Philip R. Edelbaum, New York City, for defendant-appellant Sedgwick Harvey.
Annmarie Levins, Asst. U.S. Atty., New York City (Otto G. Obermaier, U.S. Atty., S.D.N.Y., Howard E. Heiss, Daniel A. Nardello, Daniel C. Richman, Linda C. Severin and David E. Brodsky, Asst. U.S. Attys., of counsel), for appellee.
Before OAKES, Chief Judge, MESKILL, Circuit Judge, and RESTANI, Judge.
United States Court of Appeals, Second Circuit.
OAKES, Chief Judge:
This appeal continues several years of protracted litigation, which originated as a six-month narcotics, RICO and conspiracy trial of seventeen defendants, and which along the way has produced a panel, an en banc and a Supreme Court decision regarding the constitutionality of the federal criminal forfeiture statute, 21 U.S.C. § 853 (1988). See United States v. Monsanto,836 F.2d 74 (2d Cir.1987),
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