United States First Circuit

Conviction and sentence for counts under Racketeer Influenced and Corrupt Organizations statute (RICO) and Violent Crimes in Aid of Racketeering statute (VICAR) is affirmed over defendant's challenges regarding: 1) sufficiency of evidence that the government presented at trial on each of the elements of RICO and VICAR; and 2) a constructive amendment of the indictment via the jury instructions and the standard of prejudice that will be applied to his unpreserved claim of error.

Appellate Information

• Decided 08/21/2008
• Published 08/21/2008

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, BOUDIN and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Gordon W. Spencer with whom Carol Mallory was on brief for appellant.


• For Appellees:
  
• Michael A. Rotker, Attorney, U.S. Department of Justice, with whom Michael J. Sullivan, United States Attorney, and Theodore B. Heinrich, Assistant United States Attorney, were on brief for appellee.