IANNIELLO v. U.S.

No. 303, Docket 93-2309.

10 F.3d 59 (1993)

Matthew IANNIELLO, Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided November 18, 1993.


Attorney(s) appearing for the Case

Judd Burstein, P.C., New York City (Jay Goldberg, P.C., of counsel), for petitioner-appellant.

Daniel A. Nardello, Asst. U.S. Atty., New York City (Mary Jo White, U.S. Atty., S.D.N.Y., John W. Auchincloss II, Asst. U.S. Atty., of counsel), for respondent-appellee.

Before: LUMBARD, OAKES, and MAHONEY, Circuit Judges.


LUMBARD, Circuit Judge:

Matthew Ianniello appeals from an order entered on May 5, 1993 in the Southern District of New York, Stanton, J., dismissing his petition under 28 U.S.C. § 2255. Ianniello asserted that his RICO conviction should be vacated because the jury was not charged that it had to find a relationship among the predicate acts supporting the RICO violation. Judge Stanton doubted the inadequacy of the jury charge, and found any error harmless...

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