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UNITED STATES v. FATICO

No. 76-CR-81.

441 F.Supp. 1285 (1977)

UNITED STATES of America, Plaintiff, v. Carmine FATICO and Daniel Fatico, Defendants.

United States District Court, E. D. New York.

December 1, 1977.

Attorney(s) appearing for the Case

David G. Trager, U. S. Atty. for the Eastern District of New York, Brooklyn, N. Y., for plaintiff; Robert Lynn, Special Atty., U. S. Dept. of Justice Organized Crime Task Force, Paul F. Corcoran, Asst. U. S. Atty., Brooklyn, N. Y., of counsel.

Saxe, Bacon & Bolan, New York City, for defendants; Roy M. Cohn, Michael Rosen, Ronald F. Poepplein, New York City, of counsel.

MEMORANDUM AND ORDER

WEINSTEIN, District Judge.

This case presents, in one of its many aspects, the perpetual dilemma of a free society: shall it ignore fundamental rights in protecting itself against those convicted of preying on its members? Specifically, in determining an appropriate sentence, may the court rely upon testimony of an F.B.I. agent that an undisclosed informant told him that the defendant is a member of an organized crime syndicate? Under...

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