U.S. v. NASCIMENTO

Nos. 06-1152, 06-1153, 06-1154.

491 F.3d 25 (2007)

UNITED STATES of America, Appellee, v. Jackson NASCIMENTO, Defendant, Appellant. United States of America, Appellee, v. Lance Talbert, Defendant, Appellant. United States of America, Appellee, v. Kamal Lattimore, Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided July 2, 2007.


Attorney(s) appearing for the Case

Ryan M. Schiff, with whom John Salsberg and Salsberg & Schneider were on brief, for appellant Nascimento.

Albert F. Cullen, Jr., with whom Law Office of Albert F. Cullen, Jr. was on brief, for appellant Talbert.

Wayne R. Murphy, with whom Murphy & Associates was on brief, for appellant Lattimore.

Michael A. Rotker, Attorney, United States Department of Justice (Criminal Division, Appellate Section), with whom Michael J. Sullivan, United States Attorney, Theodore B. Heinrich, Glenn A. MacKinlay, and Donald L. Cabell, Assistant United States Attorneys, were on brief, for appellee.

Before BOUDIN, Chief Judge, SELYA, Senior Circuit Judge, and STAFFORD, Senior District Judge.


SELYA, Senior Circuit Judge.

The pivotal issue in this case concerns the application of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962, to a street gang engaged in violent, but noneconomic, criminal activity. That issue possesses constitutional implications weighty enough to have led one of our sister circuits to fashion a special, more rigorous, version of RICO's statutory "affecting...

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