United States Second Circuit

On appeal from a judgment of conviction for substantive and conspiratorial racketeering by a leader of the Genovese organized crime family, the judgment is affirmed, where: 1) a racketeering charge stated valid subpredicate offenses under the Hobbs Act for substantive and conspiratorial extortion of intangible rights under the Labor-Management Reporting and Disclosure Act of 1959, and the jury’s finding that such offenses were proved was supported by sufficient evidence; 2) the evidence was sufficient to permit a reasonable jury to find the requisite pattern of racketeering proved; 3) the district court’s admission of challenged evidence did not exceed its discretion under Fed. R. Evid. 401, 403, or 801(d)(2)(E); 4) various challenges to the district court’s jury instructions were without merit; and 5) the sentence was reasonable both as a matter of procedure and substance.

Appellate Information

• Decided 02/14/2012
• Published 02/14/2012

Judges

• Reena Raggi

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Robert A. Culp, Amy Busa