Peter Monsanto v. United States

CALABRESI, Circuit Judge.

Petitioner-Appellant Peter Monsanto appeals from a decision of the United States District Court for the Southern Dis trict of New York (Ward, J.) dismissing his petition for a writ of habeas corpus. Appellant contends 1) that the district court was wrong to conclude that an error in the court’s jury instruction at Monsanto’s trial was harmless, and 2) that Monsanto’s conviction for two offenses violates his constitutional right to be free from double jeopardy. We affirm.

I. Background

Appellant was charged, inter alia, with (a) participating in a pattern of racketeering…