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U.S. v. CARRILLO

No. 98-1499.

229 F.3d 177 (2000)

UNITED STATES of America, Appellee, v. Xavier CARRILLO, Julio Beniquez, Angel Ocasio, aka Titi, Arnold Rodriguez, aka Chino, Teo Johnson, Jose Serrano, aka Shorty, Lawrence Mathies, aka Poochie, Clarence Jackson, aka Boo Boo, James Wiggins, aka Jimmy Long, aka Jim Bob, Julio Carrillo, Marqueo Stroud, William Ocasio, Paul Viera, aka Paulie, Kelvin Lyons, aka Peanut, Daniel Santiago, Kenneth Lyons, aka Kenny, Jerome Jemison, aka Sal, aka Slick, Alvin Fuster, Oscar Dominguez, Edgar Maldonado, aka Kojak, Andrew Rodriguez, aka "Andy," Defendants, Ronald Ocasio, Defendant-Appellant.

United States Court of Appeals, Second Circuit, August Term, 1999.

Decided: September 29, 2000.

Attorney(s) appearing for the Case

BRUCE R. BRYAN, Syracuse, N.Y., for Appellant.

ROBIN BAKER, Assistant United States Attorney, Southern District of New York, New York, N Y (Mary Jo White, United States Attorney for the Southern District of New York, New York, NY, Vernon Broderick, David Raymond Lewis, Assistant United States Attorneys, on the brief), for Appellee.

Before: LEVAL, CALABRESI, and PARKER, Circuit Judges.

LEVAL, Circuit Judge:

Defendant Ronald Ocasio was convicted, following a ten-week jury trial, of violations of the Racketeer Influenced and Corrupt Organizations ("RICO") statute, 18 U.S.C. §§ 1961-1968, and the Violent Crimes in Aid of Racketeering ("VICAR") statute, 18 U.S.C. § 1959. The counts of conviction included: (1) participating in the conduct of a racketeering enterprise in violation of 18 U.S.C. § 1962(c) by committing the predicate...

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