United States v. Cain, Jr., et al., No. 09-0707 (2d Cir. 2012)Annotate this Case
Defendants appealed from judgments following a jury trial that resulted in their convictions for racketeering and related offenses. Defendants all contended, inter alia, that the district court erred in failing to instruct the jury on the relatedness and continuity factors required to establish a pattern of racketeering under the Racketeering Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1962(c) and (d). The court concluded that the district court's RICO instruction was legally erroneous and this error was prejudicial with regard to Chris Cain. With regard to the racketeering convictions of David Cain, Jr. and Jamie Soha, however, applying a plain error standard of review, the court concluded that it was not reasonably likely that a properly instructed jury would have failed to find a pattern of racketeering. Accordingly, the court reversed the RICO convictions with regard to Chris Cain only and remanded for resentencing. The court affirmed the convictions in all other respects.