United States First Circuit

Convictions under RICO for gang activities are affirmed over defendants' arguments that: 1) the government failed to present sufficient evidence of the existence of an enterprise; 2) the RICO statute, as applied to an enterprise engaged exclusively in noneconomic criminal activity, is unconstitutional; 3) for non-economic enterprises, the RICO statute requires more than a de minimis effect on interstate commerce; 4) the government failed to adduce evidence sufficient to show a de minimis effect on interstate commerce; 5) the government did not show that a defendant participated in the conduct of the enterprise through a pattern of racketeering activity; 6) the indictments violated the double jeopardy clause; and 7) the district court erred in refusing to suppress evidence seized in a search incident to a defendant's arrest.

Appellate Information

• Decided 07/02/2007
• Published 07/02/2007

Judges

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

Court

• United States First Circuit

Counsel

• For Appellant:
  
• 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.


• For Appellees:
  
• 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.