U.S. v. ROSARIO

Nos. 9, 29, 17, 11, 7, 10, 214 and 215, Dockets 94-1516, 94-1592, 94-1604, 94-1606, 94-1614, 95-1015, 95-1531 and 95-1687.

111 F.3d 293 (1997)

UNITED STATES of America, Appellee, v. Heriberto ROSARIO, also known as "Eddie"; Miguel Kercado, also known as "Mickey"; Carlos Rivera, also known as "LL"; Vincent Basciano, also known as "Vinnie"; Albert Biscaglio, also known as "Allie"; John O'Rourke, also known as "XYZ"; Eustrogio Matute, also known as "Panama"; William Mendoza, also known as "Willie"; Marcos Delgado, Jr., also known as "Papo"; Pedro Gonzalez, also known as "Klepper Duche"; Carlos Quinones, also known as "Charlie Lie"; Julio Salas, also known as "Sal"; Angel Alvarado; Ronald Richardson; Alex Pacheco, also known as "Cool E"; David Delvalle; Hector Suarez; Porfirio Ortiz; Noel Melendez; Gregory Williams; Mildred Hernandez; Sonia Rivera; Jose Kercado; Raimundo Hurdle; Frank Colon; Charles Colon; Griselda Colon; William Lopez; Jose Agosto; Carmen Mendoza; Miguel Rodriguez; Samanta Torres; Larry Weinstein, Defendants, Eric Millan, also known as "Moe"; Alfred V. Bottone, Sr., also known as "Fat Al"; Ralph Rivera, also known as "TJ"; Myles Coker, also known as "Mouse"; JOSE COLON, also known as "Black Jose"; Alfred Bottone, Jr., also known as "Alfie", Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 14, 1997.


Attorney(s) appearing for the Case

David I. Schoen, New York City, for Defendant-Appellant Eric Millan.

Maurice H. Sercarz, New York City, for Defendant-Appellant Alfred V. Bottone, Sr.

John M. Apicella, Brooklyn, NY, for Defendant-Appellant Ralph Rivera.

Julia Heit, New York City, for Defendant-Appellant Myles Coker.

Roger J. Schwartz, New York City, for Defendant-Appellant Jose Colon.

Mark M. Baker, New York City (Benjamin Brafman, Mindy Leifer, Brafman, Gilbert And Ross, P.C., New York City, Michael H. Handwerker, Jacqueline Gayner, Handwerker, Honschke, Marchelos And Gayner, New York City, Brenda Grantland, Mill Valley, CA, of counsel), for Defendant-Appellant Alfred Bottone, Jr.

Dietrich L. Snell, Assistant United States Attorney, New York City (Mary Jo White, United States Attorney, Southern District of New York, Dietrich L. Snell, Roland G. Riopelle, Sharon Cohen Levin, Martine M. Beamon, Ira M. Feinberg, Guy Petrillo, Assistant United States Attorneys, New York City, of counsel), for Appellee.

(Jeffrey Steinborn, Steinborn & Associates, Seattle, WA, on the brief), for Amicus Curiae Forfeiture Endangers American Rights Foundation.

Before: FEINBERG, ALTIMARI and PARKER, Circuit Judges.


PARKER, Circuit Judge:

Appellants appeal from judgments of conviction of the United States District Court for the Southern District of New York (Shirley Wohl Kram, Judge) entered on several dates between September 21, 1994 and December 27, 1994.

I. BACKGROUND

Appellants were convicted for their participation in a large-scale heroin drug conspiracy ring operated in the greater New York city area and in outlying counties of New York and New...

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