United States Court of Appeals for the Seventh Circuit
Case: 09-1602 Document: 152 Filed: 05/01/2012 Pages: 48 In the United States Court of Appeals For the Seventh Circuit Nos. 09-1265, 09-1287, 09-1376, 09-1602, 09-2093, 09-2109 UNITED STATES OF AMERICA, Plaintiff-Appellee, v. PAUL SCHIRO, et al., Defendants-Appellants. Appeals from the United States District Court for the Northern District of Illinois, Eastern Division. Nos. 02 CR 1050-7, -4, -3, -2, -10—James B. Zagel, Judge. ARGUED FEBRUARY 13, 2012—DECIDED MAY 1, 2012 Before POSNER, WOOD, and SYKES, Circuit Judges. POSNER, Circuit Judge. This long-running criminal case is before us for the second time. In the first appeal, de- cided in United States v. Calabrese, 490 F.3d 575 (7th Cir. 2007), two defendants, Frank J. Calabrese, Sr., and James Marcello, charged with violating RICO by conspiring to conduct an enterprise’s affairs through a pattern of racke- teering activity, 18 U.S.C. § 1962(d), appealed from the Case: 09-1602 Document: 152 Filed: 05/01/2012 Pages: 48 2 Nos. 09-1265, 09-1287, 09-1376, 09-1602, 09-2093, 09-2109 denial of their motions to dismiss the indictment. The indictment charged them, along with other members of the “Chicago Outfit”—the long-running lineal descendant of Al Capone’s gang—with having conducted the Outfit’s affairs through a pattern of racketeering activity that extended from the 1960s to 2005 and included a number of murders, along with extortion, obstruction of justice, and other crimes. Calabrese and Marcello contended that the trial, which was scheduled to begin on June 19, 2007, would place them in double jeopardy, and so they moved the district court to dismiss the charges.
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