Legal Opinion

United States v. Malatesta

Court of Appeals for the Fifth Circuit

Decided November 8, 1978No. 77-5032PublishedCited by 90 opinions

1Opinion of the Court

ALVIN B. RUBIN, Circuit Judge:

The Racketeer Influenced and Corrupt Organizations statute (RICO), 18 U.S.C. § 1961, et seq., proscribes certain acts performed as part of a pattern of racketeering activities having an effect on interstate commerce. Indictments for its violation follow a pattern too; they are long and complicated, frequently charging a number of defendants. If the prosecution results in a conviction, the appeals follow a third pattern, raising a large number of complex issues, some common to more than one defendant, others unique to a particular defendant. We here consider these…

2Cases cited64 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. Kotteakos v. United StatesSupreme Court of the United States · 1946
  3. Berger v. United StatesSupreme Court of the United States · 1935
  4. Ashe v. SwensonSupreme Court of the United States · 1970
  5. United States v. Socony-Vacuum Oil Co.Supreme Court of the United States · 1940

59 more not listed; retrieve them via the Exa API.

3Cited by90 opinions

  1. United States v. PhillipsCourt of Appeals for the Fifth Circuit · 1981
  2. Michael E. Moss v. Morgan Stanley Inc., E. Jacques Courtois, Jr., Adrian Antoniu, and James M. Newman, Morgan Stanley Inc. And James M. NewmanCourt of Appeals for the Second Circuit · 1983
  3. United States v. FieldsCourt of Appeals for the Fifth Circuit · 2007
  4. United States v. John Bagnariol, United States of America v. Gordon L. Walgren, United States of America v. Patrick GallagherCourt of Appeals for the Ninth Circuit · 1981
  5. United States v. Frank Diecidue, Larry Neil Miller, Frank Boni, Jr., A/K/A "Mustache Frankie," Manuel Gispert, Anthony Antone, and Homer Rex DavisCourt of Appeals for the Fifth Circuit · 1979

85 more not listed; retrieve them via the Exa API.

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