United States Second Circuit

In a prosecution of three individuals for racketeering and various related offenses, one defendant's RICO and RICO conspiracy convictions are reversed and all other convictions are affirmed where: 1) the district court’s RICO instruction was legally erroneous, and prejudicial with regard to one defendant; 2) there were several errors in the calculation of the sentencing guidelines applicable to that defendant that needed to be corrected on remand; and 3) the defendant was not denied his constitutional right to counsel of his choice when his retained attorney was disqualified by the magistrate judge overseeing pretrial proceedings.

Appellate Information

• Decided 01/31/2012
• Published 01/31/2012

Judges

• Lynch

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Charles F. Willson, Stephan J. Baczynski