United States Second Circuit

Defendants' convictions under the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Violent Crimes in Aid of Racketeering statute (VCAR) are affirmed where: 1) sufficient evidence existed to support the jury's finding that the defendants' organization constituted an enterprise for RICO purposes; 2) there was sufficient evidence that the predicate acts alleged in the racketeering counts formed a pattern of racketeering activity; and 3) the evidence supported a finding that the defendants engaged in violent acts because it was expected of them as a way of taking care of each other and as members of the organization. However, defendants' sentences are remanded to give the district court an opportunity to indicate whether it would have imposed a non-Guidelines sentence knowing that it had discretion to deviate from the Guidelines.

Appellate Information

• Decided 03/31/2010
• Published 03/31/2010

Judges

Court

• United States Second Circuit

Counsel