United States v. Paul Dicaro

FLAUM, Circuit Judge.

Defendant Paul DiCaro appeals his conviction following a jury trial on one count of engaging in racketeering activity in violation of the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1962(c) (1982), 1 and one count of interfering with interstate commerce by committing an armed robbery in violation of the Hobbs Act, 18 U.S.C. § 1951 (1982). 2 For the reasons set forth below, we reverse the conviction on the RICO count, but affirm the conviction. on the Hobbs Act count.

I

The events leading up to DiCaro’s convictions, insofar as they are relevant…