United States v. Larry Sessa, Gregory Scarpa, Jr.

LEVAL, Circuit Judge:

Defendant Gregory Scarpa, Jr., appeals from an order of the United States District Court for the Eastern District of New York (Reena Raggi, Judge), denying his motion seeking, on double jeopardy grounds, to dismiss a charge of conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. §§ 1961 et seq.

In a prior proceeding in 1989, Scarpa was convicted of conducting and participating in the conduct of a racketeering enterprise in violation of RICO, 18 U.S.C. § 1962(e) (“substantive RICO”). While Scarpa was serving the twenty-year term…