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U.S. v. DECOLOGERO

Nos. 03-1443, 03-1442.

364 F.3d 12 (2004)

UNITED STATES of America, Appellee/Cross-Appellant, v. Paul DeCOLOGERO, a/k/a Big Paul, a/k/a Paulie, Defendant-Appellant/Cross-Appellee. John P. DeCologero, Jr., a/k/a Little John, a/k/a John-John, Paul J. DeCologero, a/k/a Young Paul, Derek Capozzi, Joseph F. Pavone, Daniel G. Tsoukalas, Defendants/Cross-Appellees, and In re United States of America, Petitioner.

United States Court of Appeals, First Circuit.

Decided April 12, 2004.

Attorney(s) appearing for the Case

Janice Bassil, by appointment of the court, with whom Andrew D'Angelo and Carney & Bassil, P.C. were on brief for Paul DeCologero, a/k/a Big Paul, Paulie.

Timothy Q. Feeley, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, Christopher F. Bator and Ernest S. DiNisco, Assistant United States Attorneys, were on brief and petition for a writ of mandamus for the United States.

Joan M. Griffin, by appointment of the court, with whom Cooke, Clancy & Gruenthal, LLP and Paul F. Markham were on brief for John P. DeCologero, Jr. and Joseph F. Pavone.

Roger Witkin, by appointment of the court, on brief for Paul J. DeCologero, a/k/a Young Paul.

Terrance J. McCarthy, by appointment of the court, on brief for Derek Capozzi.

Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and STAHL, Senior Circuit Judge.

BOUDIN, Chief Judge.

Before us are a pair of interlocutory appeals in a criminal case. Both grow out of a 23-count federal indictment filed on October 17, 2001, charging Paul A. DeCologero and six associates with criminal racketeering in violation of the Racketeer Influenced and Corrupt Organization Act ("RICO"), 18 U.S.C. § 1962(c) (2000),1 conspiracy to violate RICO, id. § 1962(d) and an array of related crimes. We refer...

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