Legal Opinion

United States v. Carmine Fatico, and Daniel Fatico

Court of Appeals for the Second Circuit

Decided June 12, 1978No. 758, Docket 78-1003PublishedCited by 233 opinions

1Opinion of the Court

OAKES, Circuit Judge:

This is an unusual interlocutory appeal by the United States from a unique order excluding evidence sought to be introduced at a sentencing hearing. The evidence, which revealed that the convicted defendants were connected to organized crime, was to be presented principally by an FBI agent’s testimony. The offer was made that he would testify that a reliable but confidential informant who is a member of the Carlo Gambino crime family told the agent that the defendants are members of that family. The testimony was excluded by the United States District Court for the…

2Cases cited30 opinions

  1. Wolff v. McDonnellSupreme Court of the United States · 1974
  2. Morrissey v. BrewerSupreme Court of the United States · 1972
  3. Bruton v. United StatesSupreme Court of the United States · 1968
  4. Gagnon v. ScarpelliSupreme Court of the United States · 1973
  5. Chambers v. MississippiSupreme Court of the United States · 1973

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3Cited by233 opinions

  1. United States v. FieldsCourt of Appeals for the Fifth Circuit · 2007
  2. Charles William Proffitt v. Louie L. Wainwright, Secretary, Florida Department of Offender RehabilitationCourt of Appeals for the Eleventh Circuit · 1982
  3. Erasmo Gambino v. E.W. Morris (Warden-Fci Fairton) United States Parole CommissionerCourt of Appeals for the Third Circuit · 1998
  4. State v. MedranoCourt of Criminal Appeals of Texas · 2002
  5. United States v. William Rea, Getty Terminals Corp., and John Pabone, Getty Terminals Corp., William Rea, John Pabone, and John QuockCourt of Appeals for the Second Circuit · 1992

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