United States v. Marcy

MEMORANDUM OPINION AND ORDER

ASPEN, District Judge:

On June 20, 1991, we denied various motions to dismiss filed by defendants Pasquale Marcy and Fred Roti, including Mar*1399cy’s motion to dismiss racketeering act 3 and Count XIII. United States v. Marcy, 777 F.Supp. 1393 (N.D.Ill.1991). We rejected Marcy’s contention that as a private citizen he “must be legally incapable of committing extortion ‘under color of official right.’ ” Id. at 1396. Marcy has now filed a motion to reconsider this ruling in light of the Seventh Circuit’s recent opinion in United States v. McClain, 934 F.2d 822 (7th…