U.S. v. SMITH

No. 01-2605.

294 F.3d 473 (2002)

UNITED STATES of America, Appellant, v. Thomas SMITH; Brian Smith; Andrew Garth; Tyrone Payton; Paul Carpinteri, Jr.

United States Court of Appeals, Third Circuit.

Filed: June 24, 2002.


Attorney(s) appearing for the Case

Shawna H. Yen, (argued), George S. Leone, Office of United States Attorney, Newark, NJ, for appellant.

Kevin H. Marino, (argued), Newark, NJ, for appellee Thomas Smith.

Robert L. Galantucci, (argued), Philip De Vencentes, Galantucci & Patuto, Hackensack, NJ, for appellee Paul Carpinteri, Jr.

Peter R. Willis, Willis & Young, Jersey City, NJ, for appellee Brian Smith.

Anthony J. Iacullo, Iacullo & Saluti, Montclair, NJ, for appellee Andrew Garth.

William D. Sayers, Yankowitz, Goldsmith & Sayers, Livingston, NJ, for appellee Tyrone Payton.

BEFORE: NYGAARD, ROTH and AMBRO, Circuit Judges.


OPINION OF THE COURT

NYGAARD, Circuit Judge.

A jury found five Orange, New Jersey police officers — Thomas Smith, Brian Smith, Andrew Garth, Tyrone Payton, and Andrew Carpinteri — guilty of conspiring to violate Earl Faison's civil rights in violation of 18 U.S.C § 241. Thomas Smith, Brian Smith, and Andrew Garth were also convicted of substantive crimes in violation of 18 U.S.C. § 242. Following this verdict and upon the motions...

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