United States v. John Caldarazzo

KERNER, Circuit Judge.

Defendants-appellants, John Caldaraz-zo, Philip Barone, Robert Brown and Frank DeLegge, Sr., were charged in a one-count indictment with conspiring to obstruct, delay and affect commerce and the movement of articles in commerce by robbery. 18 U.S.C. §§ 1951(b) (3) and 1951(b) (1). The case was tried to a jury, and all defendants were convicted; defendant Caldarazzo was sentenced to a term of 8 years, defendant Barone 4 years, defendant Brown 7 years, and defendant DeLegge, Sr., 15 years. 1 We affirm all convictions.

I

At trial, the government placed primary reliance on two…