United States v. Schiro, No. 09-1265 (7th Cir. 2012)
Annotate this CaseDefendants, charged with violating the Racketeer Influenced and Corrupt Organizations Act (RICO) by conspiring to conduct an enterprise's affairs through a pattern of racketeering activity, 18 U.S.C. 1962(d), appealed denial of motions to dismiss indictments, charging them, with other members of the "Chicago Outfit" with a pattern of racketeering activity, from the 1960s to 2005, including murders, extortion, obstruction of justice, and other crimes. The Seventh Circuit affirmed, holding that they failed to show sufficient overlap between the indictment and previous indictments to establish double jeopardy. All defendants were convicted. The Seventh Circuit affirmed, rejecting a renewed claim of double jeopardy, claims based on the statute of limitations, challenges to sufficiency of the evidence, and challenges to handling of the jury. The court reversed the part of the sentencing assessing shares of restitution under the Mandatory Victims Restitution Act, 18 U.S.C. 3663A.
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