United States Second Circuit

Defendant's RICO and drug conspiracy convictions are affirmed where: 1) because 18 U.S.C. section 1959(a)(1) provided that a person who "murders" in aid of racketeering may be "punished . . . by death," the indictment for that offense "may be found at any time without limitation"; and 2) the evidence was sufficient to show that the RICO conspiracy alleged in the indictment existed.

Appellate Information

• Argued 04/22/2009
• Decided 01/05/2010
• Published 01/05/2010

Judges

• KEARSE, Circuit Judge:, Before KEARSE, SACK, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Ali Kazemi, Assistant United States Attorney, Brooklyn, N.Y. (Benton J. Campbell, United States Attorney for the Eastern District of New York, David C. James, Assistant United States Attorney, Brooklyn, NY, on the brief), for Appellee., Donna R. Newman, New York, N.Y. (Buttermore Newman Delanney & Foltz, New York, NY, on the brief), for Defendant-Appellant.