United States v. Curcio

TIMBERS, Chief Judge.

Defendant Francis Curcio, together with defendant John Mentó, has been charged in a two count indictment with knowingly having . used extortionate means to collect an extension of credit and conspiring so to do, in violation of 18 U.S.C. § 894 (Supp. IV, 1965-68) and 18 U.S.C. § 2 (1964).

Defendant Curcio’s motion to dismiss the indictment raises a number of distinct claims, each of which will be separately discussed. 1

I

CLAIM OF UNCONSTITUTIONALITY OF TITLE II OF CONSUMER CREDIT PROTECTION ACT

Defendant claims that Title II of the Consumer Credit Protection Act, 18 U. S..C.…