United States Second Circuit

Defendant's racketeering and conspiracy to commit murder convictions are affirmed in part where, because distinct factual elements must be proved to establish 18 U.S.C. section 1959(a)(5) and section 1962(d) conspiracies, a defendant may be prosecuted under both statutes without violating the Double Jeopardy Clause. However, defendant's convictions are reversed in part where defendant's prosecution on a successive substantive racketeering charge, as pleaded in the pending indictment, was barred by double jeopardy.

Appellate Information

• Decided 03/23/2010
• Published 03/23/2010

Judges

Court

• United States Second Circuit

Counsel