No. 309, Docket 97-1117.

136 F.3d 249 (1998)

UNITED STATES of America, Appellee, v. Carmine AVELLINO, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 30, 1998.

Order on Petition for Rehearing April 23, 1998.

Attorney(s) appearing for the Case

Stephen D. Kelly, Assistant United States Attorney, Brooklyn, NY (Zachary W. Carter, United States Attorney for the Eastern District of New York, Susan Corkery, Assistant United States Attorney, Brooklyn, NY, on the brief), for Appellee.

Jay Goldberg, New York City (Brian D. Linder, Clayman & Rosenberg, New York City, on the brief), for Defendant-Appellant.

Before: KEARSE and CABRANES, Circuit Judges, and CHIN, District Judge.

KEARSE, Circuit Judge:

Defendant Carmine Avellino appeals from a judgment entered in the United States District Court for the Eastern District of New York following his plea of guilty before Frederic Block, Judge, convicting him of conducting the affairs of an enterprise through a pattern of racketeering activity, in violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U.S.C. § 1962(c) (1994). The district court sentenced Avellino...


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