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U.S. v. VIOLA

Nos. 1257, 1343, 913 and 1344, Docket 93-1272(L), 93-1291, 93-1405, and 93-1583.

35 F.3d 37 (1994)

UNITED STATES of America, Appellee, v. Anthony VIOLA, Louis Gazzoli, Michael Formisano, Gaetano Izzo, also known as Guy Izzo, also known as Guy, Defendants-Appellants, Fred Rosen, also known as Rosie; Gerard Petrozelli, also known as Rosie Petrozelli, also known as Rosie, also known as Tony; Barry Imhoff, also known as Rosie Imhoff, also known as Rosie, also known as Number 15 Jr.; Vincent Sorrentino; Pasquale Moschetta, also known as Patty Moschetta, also known as Patty; Max Emmanuel Herman, also known as Old Man Herman; Thomas Antonelli, Sr.; Carlos Barona; Hernan Zapata; Jimmy Barona; Paulo Zuluaga, also known as Paulo Lnu; Carlos Pazmino and Frank Pinto, Defendants.

United States Court of Appeals, Second Circuit.

Decided July 28, 1994.

Opinion Filed September 13, 1994.

Attorney(s) appearing for the Case

Frank A. Lopez, New York City, for defendant-appellant Louis Gazzoli.

Joyce C. London, New York City, for defendant-appellant Gaetano Izzo.

Mark B. Gombiner, New York City (Henriette D. Hoffman, The Legal Aid Soc., Federal Defender Services Unit, of counsel), for defendant-appellant Michael Formisano.

Christine E. Yaris, New York City, for defendant-appellant Anthony Viola.

Jason Brown, Asst. U.S. Atty., Brooklyn, NY (Zachary W. Carter, U.S. Atty., Susan Corkery, Eric Friedberg, Asst. U.S. Attys., E.D. of NY, of counsel), for appellee.

Before: WALKER, McLAUGHLIN, and JACOBS, Circuit Judges.

WALKER, Circuit Judge:

Defendants-appellants appeal from judgments of conviction and sentence entered by the United States District Court for the Eastern District of New York (Sterling Johnson, Jr., Judge), after a jury trial. They were convicted of substantive and conspiracy violations of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962(c) and (d), as well as substantive and conspiracy violations arising from their involvement...

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