United States v. Dionisio

MEMORANDUM AND ORDER

IRIZARRY, District Judge.

Defendant Dominick Dionisio, an associate of the Colombo organized crime family of La Cosa Nostra since around 1990, presently is charged with racketeering conspiracy in violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1962(d) (hereinafter the “2004 indictment”). Defendant moves to dismiss the 2004 indictment on double jeopardy grounds and a breach of plea agreement theory. The court held oral argument on defendant’s motion on September 1, 2005 and asked the parties for further briefing on the issues. For…