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UNITED STATES v. CARIELLO

Crim. A. No. 78-297.

536 F.Supp. 698 (1982)

UNITED STATES of America, Plaintiff, v. Vito CARIELLO, Defendant.

United States District Court, D. New Jersey.

April 15, 1982.

Attorney(s) appearing for the Case

Maryanne Desmond, Asst. U. S. Atty., Newark, N. J., for plaintiff.

Fredric J. Gross, Haddonfield, N. J., for defendant.

OPINION

GERRY, District Judge.

Defendant seeks to vacate his sentence on Counts 1 and 2 on the grounds that the Government failed to prove a Racketeer Influenced and Corrupt Organizations (RICO) violation and because of prejudice caused by the submission of the RICO counts to the jury, which prejudice spilled over into the jury's consideration of the substantive counts. Defendant also seeks a new trial on all counts claiming a denial of his Sixth Amendment...

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