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U.S. v. MERLINO

No. 01-4374, 01-4375, 01-4392, 01-4394, 01-4436, 01-4441, 01-4453.

349 F.3d 144 (2003)

UNITED STATES of America v. Joseph MERLINO a/k/a Skinny Joey Joseph Merlino, Appellant United States of America v. Steven Mazzone, Appellant United States of America v. Frank Gambino, Appellant United States of America v. Martin Angelina, United States of America v. John Ciancaglini, Appellant United States of America v. Angelo Lutz, Appellant United States of America v. George Borgesi, Appellant.

United States Court of Appeals, Third Circuit.

Filed November 12, 2003.

Attorney(s) appearing for the Case

Edwin J. Jacobs, Jr., Joseph A. Levin, Jacobs & Barbone, Atlantic City, NJ, for Appellant Joseph Merlino.

Stephen P. Patrizio (Argued), Dranoff & Patrizio, Philadelphia, PA, for Appellant, Steven Mazzone.

John J. Fioravanti, Jr., Fioravanti & Knight, Doylestown, PA, for Appellant, Frank Gambino.

Jack J. McMahon, Jr., Philadelphia, PA, for Appellant Martin Angelina.

F. Emmett Fitzpatrick, Jr. (Argued), F. Emmett Fitzpatrick Law Offices, Philadelphia, PA, for Appellant John Ciancaglini.

Christopher D. Warren (Argued), Philadelphia, PA, for Appellant Angelo Lutz.

Peter Goldberger (Argued), Law Office of Peter Goldberger Ardmore, PA, for Appellant George Borgesi.

David E. Fritchey, (Argued) Barry Gross, Zane D. Memeger, Steven D'Aguanno, Assistant U.S. Attorney Office of the United States Attorney, Philadelphia, PA, for Appellee.

Before: BARRY, FUENTES, and ROSENN, Circuit Judges.

OPINION OF THE COURT

BARRY, Circuit Judge.

I. INTRODUCTION

Beginning in June of 1999, a federal grand jury in the Eastern District of Pennsylvania returned a series of indictments culminating in January 2001 in the thirty-six count fourth superceding indictment on which the seven defendants who had not already pled guilty went to trial in March of 2001. In broad summary, the defendants were charged with Racketeer Influenced...

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