United States v. John A. Gotti
Court of Appeals for the Second Circuit
1Opinion of the Court
LEVAL, Circuit Judge.
Defendant John A. Gotti (“Gotti”) brings interlocutory appeal from an order of the United States District Court for the Southern District of New York (Shira A. Scheindlin, /.), denying his post-trial application to bar retrial of Counts One and Two, which allege violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1962. See United States v. Gotti, 413 F.Supp.2d 287 (S.D.N.Y.2005). The court declared a mistrial on those counts after the jury failed to reach a verdict. Gotti contends that because of the jury’s failure to achieve…
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