United States v. John F. Gardiner (05-1247) Ronald Lupo (05-1248)

OPINION

CLAY, Circuit Judge.

In this appeal, Defendants John F. Gardiner (“Gardiner”) and Ronald Lupo (“Lupo”), appeal their convictions and sentences for crimes committed, inter alia, in violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1962(d), and for crimes committed in violation of 18 U.S.C. § 1951, conspiracy to affect commerce under color of official right (bribery). Gardiner challenges the sufficiency of the evidence upon which he was convicted, alleges that there was prosecutorial misconduct that impacted his substantial rights, and claims that…