United States Second Circuit

Defendant's claims that 1) a RICO conspiracy count under which he was convicted was barred by the statute of limitations, and 2) the indictment was insufficiently specific, are denied where he failed to rebut the presumption that conspiracy continued into the limitations period, and failed to challenge his indictment prior to trial.

Appellate Information

• Decided 05/20/2003
• Published 05/20/2003

Judges

• JOSÉ A. CABRANES, Circuit Judge., Before:  CABRANES and F.I. PARKER, Circuit Judges, and KAPLAN, District Judge.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• John W. Mitchell, New York, NY, for Defendant-Appellant., Greg D. Andres, Assistant United States Attorney (David C. James, Assistant United States Attorney, of counsel, Roslynn R. Mauskopf, United States Attorney, on the brief), United States Attorney's Office for the Eastern District of New York, Brooklyn, NY, for Appellee.