United States v. Anthony Labarbera

GRANT, District Judge.

In this consolidated appeal all three defendants were jointly charged and found guilty of conspiring to violate 18 U.S.C. § 659. Defendants Ziemba and Lucas were further indicted in a second count, and each found guilty of the substantive offense which was the object of the conspiracy count.

Ziemba and Lucas allege error in the trial court’s denial of their joint motion to dismiss the indictment based upon the alternate grounds that the two counts were duplicitous and/or multiplicitous. The argument clearly is without merit as the crime of conspiracy is a distinct offense…