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U.S. v. MINICONE

Nos. 91, 295-297 and 721-723, Dockets 91-1014, 91-1015, 91-1018, 91-1020, 91-1062, 91-1319, 91-1334.

960 F.2d 1099 (1992)

UNITED STATES of America, Appellee, v. Jack J. MINICONE, Jr., also known as Jake; Jack Zogby, also known as Turk; Anthony J. Inserra; Benedetto Carcone, also known as Benny; Russell E. Carcone, Appellants.

United States Court of Appeals, Second Circuit.

Decided January 23, 1992.

As Amended on Petition for Rehearing April 13, 1992.

Attorney(s) appearing for the Case

Emil M. Rossi, Syracuse, N.Y. (John A. Cirando, Patrick J. Haber, and Ivette Iza, on the brief), for appellant Jack J. Minicone, Jr.

Edward Z. Menkin, Syracuse, N.Y., for appellant Jack Zogby.

David Lenefsky, New York City, for appellant Anthony J. Inserra.

Anthony J. LaFache, Utica, N.Y., for appellant Benedetto Carcone.

Joseph E. Fahey, Syracuse, N.Y. (Wiles & Fahey, on the brief), for appellant Russell E. Carcone.

Andrew G. Levchuk, Atty., U.S. Dept. of Justice, Washington, D.C. (Frederick J. Scullin, Jr., U.S. Atty., Kevin E. McCormack, and Edward R. Broton, Asst. U.S. Attys., Albany, N.Y., on the brief), for appellee.

Before: TIMBERS, MINER and ALTIMARI, Circuit Judges.

TIMBERS, Circuit Judge:

Appellants Jack J. Minicone, Jr., Jack Zogby, Russell E. Carcone, and Benedetto Carcone appeal from judgments entered December 28, 1990 and January 2, 1991 after a jury trial in the Northern District of New York, Howard G. Munson, District Judge, convicting them of conducting the affairs of an enterprise through a pattern of racketeering activity in violation of 18 U.S.C. § 1962(c) (1988), and of conspiring to conduct and participate...

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