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U.S. v. GIGANTE

Nos. 381 to 383, Dockets 93-1260, 93-1277 and 93-1278.

39 F.3d 42 (1994)

UNITED STATES of America, Appellee, v. Vincent GIGANTE, also known as "Chin"; Vittorio Amuso, also known as Jesse, also known as Vic; Anthony Casso, also known as Gas, also known as Gaspipe; Peter Gotti; Dominic Canterino, also known as Baldy Dom; Peter Chiodo; Joseph Zito; Caesar Gurino; Vincent Ricciardo, also known as Three Fingers; Joseph Marion, also known as Joe Cakes; John Morrissey, also known as Sonny Blue, also known as Sonny; Thomas McGowan; Victor Sobolewski; Anthony B. Laino; Gerald Constabile; Andre Campanella; Michael Realmuto; George Zappola; Richard Pagliarulo; Michael DeSantis; Michael Spinelli; Thomas Carew; and Corrado Marino, Defendants, Venero Mangano, also known as Benny Eggs; Benedetto Aloi, also known as Benny; and Dennis DeLucia, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided October 24, 1994.

Attorney(s) appearing for the Case

Gregory J. O'Connell, Asst. U.S. Atty. (Zachary Carter, U.S. Atty., and David C. James, Charles E. Rose, and Kevin P. McGrath, Asst. U.S. Attys., E.D.N.Y., of counsel), for appellee.

Judd Burstein, New York City (Marc Fernich, New York City, of counsel), for defendant-appellant Aloi.

Frederick P. Hafetz, Goldman & Hafetz, New York City (Susan R. Necheles and Adam Thurschwell, Goldman & Hafetz, New York City, of counsel), for defendant-appellant Mangano.

Alan Futerfas, Shargel & Futerfas, New York City, for defendant-appellant DeLucia.

Before: VAN GRAAFEILAND and WINTER, Circuit Judges, and POLLACK, District Judge.

WINTER, Circuit Judge:

Venero Mangano, Benedetto Aloi, and Dennis DeLucia appeal from their convictions by a jury before Judge Dearie for extortion and conspiracy to commit extortion in violation of 18 U.S.C. §§ 2 and 1951. The principal issue on this appeal arises from the facts that Mangano and Aloi had, after conviction, a base offense level that would have resulted in sentences of 27-33 months under the Guidelines, whereas, after adjustments in the levels...

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