United States v. Gioeli, No. 14-903 (2d Cir. 2015)
Annotate this CaseDefendants Gioeli and Saracino appealed from convictions of crimes committed as members of the Colombo crime family. On appeal, Gioeli argued that: (1) his guilty verdict was not supported by sufficient evidence; (2) the government’s failure to disclose statements by a confidential source until after trial constituted a Brady violation; (3) the government’s seizure of certain materials from his home violated the Fourth Amendment, and those materials should have been suppressed; (4) two of the three racketeering acts the jury found to have been proven against him were multiplicitous; and (5) the government’s conduct throughout the investigation and prosecution of this case was so outrageous that it violated his due process rights. Saracino also challenged the district court’s Brady ruling and further argued that: (1) the court erred in denying his motion for severance; and (2) the court violated his constitutional rights at sentencing by, inter alia, taking into account uncharged crimes and crimes of which he had been acquitted, and erred by doing so without holding a hearing pursuant to United States v. Fatico. The court resolved all of defendants' arguments in the government's favor and affirmed the judgment.
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