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U.S. v. SPINELLI

Docket Nos. 99-1344-cr(L), 99-1394-cr(XAP).

551 F.3d 159 (2008)

UNITED STATES of America, Appellee, v. Robert SPINELLI, Defendant, Michael Spinelli, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: December 31, 2008.

Attorney(s) appearing for the Case

Jo Ann M. Navickas, Assistant United States Attorney for the Eastern District of New York (David C. James, Assistant United States Attorney, and Benton J. Campbell, United States Attorney, on the brief), for Appellee.

Ephraim Savitt, New York, NY, for Appellant.

Before: LEVAL, WESLEY, LIVINGSTON, Circuit Judges.

LEVAL, Circuit Judge:

Defendant Michael Spinelli appeals from his conviction following a jury trial in the United States District Court for the Eastern District of New York (Dearie, J.) for conspiracy to commit murder for the purpose of increasing and maintaining a position in a racketeering enterprise (the Luchese Organized Crime Family), 18 U.S.C. § 1959(a)(5); assault with a dangerous weapon for the purpose of increasing and maintaining a position in...

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