United States Sixth Circuit

In a trial of two defendants under various federal laws including the Racketeer Influenced and Corrupt Organizations Act (RICO), one defendant's sentence is vacated where it was not possible, from the jury form, to determine which predicate acts were found by the jury in its RICO conviction.

Appellate Information

• Decided 11/30/2005
• Published 11/30/2005

Judges

• Before:  GILMAN and COOK, Circuit Judges;  CARR, Chief District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Stuart A. Scherer, Smith & Helman, Louisville, Kentucky, for Appellants.  Terry M. Cushing, Assistant United States Attorney, Louisville, Kentucky, for Appellee.   ON BRIEF:  Stuart A. Scherer, John L. Smith, Smith & Helman, Louisville, Kentucky, Patrick J. Bouldin, Western Kentucky Federal Community Defender, Inc., Louisville, Kentucky, for Appellants.  Terry M. Cushing, Monica Wheatley, James R. Lesousky, Jr., Assistant United States Attorneys, Louisville, Kentucky, for Appellee.