United States v. Michael Leo Fiorella

J. JOSEPH SMITH, Circuit Judge:

Michael Leo Fiorella, A. Richard Fiorella, Clifford Carll, John Porcello, Anthony Pizzutelli, Angelo Alfano, Alfred Rivoli, and James Comunale were convicted after a six-day jury trial in the Western District of New York, Harold P. Burke, Judge, of conspiracy to violate 18 U.S.C. § 1955, which makes it a federal crime to conduct certain types of gambling businesses. 1 All were acquitted on the substantive charge of violating § 1955. They appeal from the conspiracy conviction on grounds of insufficiency of evidence, inconsistency of verdict, illegality of…