U.S. v. SESSA

No. 1363, Docket 96-1631.

125 F.3d 68 (1997)

UNITED STATES of America, Appellee, v. Larry SESSA, Defendant, Gregory Scarpa, Jr., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided September 9, 1997.


Attorney(s) appearing for the Case

Jane Simkin Smith, New York City (Larry J. Silverman, of counsel), for Defendant-Appellant.

Ellen M. Corcella, Assistant United States Attorney, Brooklyn, NY (Zachary W. Carter, United States Attorney, Eastern District of New York, Brooklyn, NY, David C. James, Sung-Hee Suh, Assistant United States Attorneys, of counsel), for Appellee.

Before: VAN GRAAFEILAND and LEVAL, Circuit Judges, and SQUATRITO, District Judge.


LEVAL, Circuit Judge:

Defendant Gregory Scarpa, Jr., appeals from an order of the United States District Court for the Eastern District of New York (Reena Raggi, Judge), denying his motion seeking, on double jeopardy grounds, to dismiss a charge of conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. §§ 1961 et seq.

In a prior proceeding in 1989, Scarpa was convicted of conducting and participating...

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