United States v. Thomas James Sinito

KEITH, Circuit Judge.

Pursuant to Abney v. United States, 1 431 U.S. 651, 97 S.Ct. 2034, 52 L.Ed.2d 651 (1977), defendant Thomas Sinito appeals a pretrial order of the district court which denied his motion to dismiss counts one and two of a seventy-count indictment. 2 Counts one and two of the indictment charged defendant and five others with violation of the Racketeer Influenced and Corrupt Organizations Statute (RICO), 18 U.S.C. § 1962(c) and (d) 3 and operation of a continuing criminal enterprise, 21 U.S.C. § 848. 4 The indictment charged that defendant was a member of organized crime who,…