U.S. v. FRIEDMAN

Nos. 617, 446, 467, Dockets 92-1373, 92-1274, 92-1306.

998 F.2d 53 (1993)

UNITED STATES of America, Appellee-Cross-Appellant, v. Felix FRIEDMAN, Lawrence Tinnirello, Paul Tinnirello, Lorenzo Gregory, a/k/a "Fat Larry," Frank Mucchiello, a/k/a "Frankie Mooch," Joseph DiSomma, a/k/a "Joe Diamonds," Francis Tinnirello, Michael Pugliese, and Charles Lachterman, a/k/a "Charlie Lucky," Defendants, Charles Lachterman, Defendant-Appellant, and Joseph DiSomma, Defendant-Appellant-Cross-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 10, 1993.


Attorney(s) appearing for the Case

James B. Comey, Asst. U.S. Atty., New York City (Otto G. Obermaier, U.S. Atty. for the S.D.N.Y., Andrew C. McCarthy, Asst. U.S. Atty., New York City, of counsel), for appellee-cross-appellant.

Linda Imes, Richards Spears Kibbe & Orbe, New York City (Michele R.M. Campbell, Debevoise & Plimpton, New York City, of counsel), for defendant-appellant Charles Lachterman.

Joann Harris, New York City, for defendant-appellant-cross-appellee Joseph DiSomma.

Before: OAKES and WINTER, Circuit Judges, and CONBOY, District Judge.


WINTER, Circuit Judge:

This appeal by Charles Lachterman and Joseph DiSomma1 involves questions regarding the applicability of U.S.S.G. § 2X1.1 to Hobbs Act convictions, a sentencing court's degree of discretion in applying an obstruction of justice enhancement when the jury has necessarily concluded that the defendant lied at trial, and the proof sufficient to establish that predicate acts are related to a criminal RICO enterprise...

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