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United States V. Coiro, 922 F.2D 1008

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United States V. Coiro, 922 F.2D 1008 Page 1 922 F.2d 1008, 32 Fed. R. Evid. Serv. 296 (Cite as: 922 F.2d 1008) ciency of accusation in general. Most Cited Cases United States Court of Appeals, Indictment and Information 210 196(7) Second Circuit. UNITED STATES of America, Appellee, 210 Indictment and Information v. 210XIV Waiver of Defects and Objections Michael COIRO, Defendant–Appellant. 210k195 Waiver 210k196 Objections to Indictment or In- No. 1601, Docket 90–1192. formation Argued July 18, 1990. 210k196(7) k. Objections relative to Decided Jan. 3, 1991. duplicity, joinder, and election. Most Cited Cases Defendant's assertion that two counts in indict- Defendant was convicted by jury of conspiring ment failed to charge cognizable offenses and were to violate Racketeer Influenced and Corrupt Organ- multiplicious by charging same conduct were not izations Act, conspiring to obstruct justice, two waived by defendant's failure to make such chal- counts of obstructing criminal investigation, and lenges before trial; neither nature of defendant's two counts of obstructing grand jury investigation, conduct nor fact that counts charged same conduct before the United States District Court for the East- was evident from face of indictment. 18 U.S.C.A. § ern District of New York, Joseph M. McLaughlin, 1510(a); Fed.Rules Cr.Proc.Rule 12(b)(2), (f), 18 J., and he appealed. The Court of Appeals, Walker, U.S.C.A. Circuit Judge, held that: (1) defendant did not waive issue of whether two obstruction of investig- [2] Criminal Law 110 1063(2) ation counts failed to charge cognizable offenses or were multiplicious; (2) charge of obstruction of 110 Criminal Law criminal investigation could be asserted; (3) rule of 110XXIV Review lenity required that defendant be charged with only 110XXIV(E) Presentation and Reservation in single offense of obstruction of criminal investiga- Lower Court of Grounds of Review tion where obstruction arose out of single incident 110XXIV(E)3 Motions for New Trial or involving two individuals; (4) trial court's evidence in Arrest rulings were not an abuse of discretion; and (5) 110k1063 Necessity of Motion for evidence was sufficient to support convictions. New Trial or in Arrest 110k1063(2) k. Indictment and in- Affirmed in part, remanded in part with in- formation. Most Cited Cases structions. Defendant's assertions that obstruction of in- vestigation counts failed to charge cognizable of- West Headnotes fenses and were multiplicious were cognizable on appeal under plain error doctrine, even though de- [1] Indictment and Information 210 196(5) fendant failed to raise them posttrial; issues went to 210 Indictment and Information whether conduct proved was punishable under stat- 210XIV Waiver of Defects and Objections ute charged. 18 U.S.C.A. § 1510(a); Fed.Rules 210k195 Waiver Cr.Proc.Rule 12(b)(2), (f), 18 U.S.C.A. 210k196 Objections to Indictment or In- [3] Obstructing Justice 282 139 formation 210k196(5) k. Objections to suffi- 282 Obstructing Justice © 2013 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 2 922 F.2d 1008, 32 Fed. R. Evid. Serv. 296 (Cite as: 922 F.2d 1008) 282k134 Offenses Relating to Witnesses or Po- Cases tential Witnesses (Formerly 110k1153(1)) 282k139 k. Influencing testimony; procuring Determination that evidence is admissible after false testimony. Most Cited Cases weighing prejudicial effect against probative value (Formerly 282k5) may not be set aside on appeal unless there is show- Charge of obstruction of criminal investigation ing that trial court abused its discretion, or acted ar- could be asserted against defendant who en- bitrarily or irrationally. Fed.Rules Evid.Rule 403, deavored to obstruct communication of information 28 U.S.C.A. through accomplice who agreed to lie to investigat- or. 18 U.S.C.A. § 1510(a). [7] Conspiracy 91 45 [4] Criminal Law 110 29(1) 91 Conspiracy 91II Criminal Responsibility 110 Criminal Law 91II(B) Prosecution 110I Nature and Elements of Crime 91k44 Evidence 110k29 Different Offenses in Same Transac- 91k45 k. Admissibility in general. tion Most Cited Cases 110k29(1) k. In general. Most Cited Cases Under “rule of lenity,” in cases of ambiguity or Criminal Law 110 338(7) doubt as to congressional intent, only one offense 110 Criminal Law may be charged. 110XVII Evidence [5] Criminal Law 110 29(5.5) 110XVII(D) Facts in Issue and Relevance 110k338 Relevancy in General 110 Criminal Law 110k338(7) k. Evidence calculated to 110I Nature and Elements of Crime create prejudice against or sympathy for accused. 110k29 Different Offenses in Same Transac- Most Cited Cases tion Trial court did not abuse its discretion in ad- 110k29(5) Particular Offenses mitting evidence regarding drug-trafficking arrest 110k29(5.5) k. In general. Most Cited of two members of crime organization after weigh- Cases ing probative value against prejudicial effect; evid- (Formerly 110k29(5)) ence was relevant to show existence of narcotics Rule of lenity required that defendant could be enterprise charged in indictment, Racketeer Influ- charged with only single offense of obstruction of enced and Corrupt Organizations count charged de- criminal investigation where obstruction arose out fendant with being member of drug-trafficking en- of single incident involving two individuals. 18 terprise, and evidence was presented in summary U.S.C.A. § 1510. fashion, moreover, evidence was admissible to in- form jury of background of conspiracy charged. [6] Criminal Law 110 1153.3 Fed.Rules Evid.Rules 403, 404, 28 U.S.C.A. 110 Criminal Law [8] Criminal Law 110 368.20 110XXIV Review 110XXIV(N) Discretion of Lower Court 110 Criminal Law 110k1153 Reception and Admissibility of 110XVII Evidence Evidence 110XVII(F) Other Misconduct by Accused 110k1153.3 k. Relevance. Most Cited 110XVII(F)2 Admissibility in Prosecu- © 2013 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 3 922 F.2d 1008, 32 Fed. R. Evid. Serv. 296 (Cite as: 922 F.2d 1008) tions for Particular Offenses in General Organizations conviction. 18 U.S.C.A. § 1962(d). 110k368.20 k. Conspiracy, racketeer- ing, and money laundering. Most Cited Cases [10] Racketeer Influenced and Corrupt Organiz- (Formerly 110k374) ations 319H 26 Racketeer Influenced and Corrupt Organiza- 319H Racketeer Influenced and Corrupt Organiza- tions 319H 91 tions 319HI Federal Regulation 319H Racketeer Influenced and Corrupt Organiza- 319HI(A) In General tions 319Hk24 Pattern of Activity 319HI Federal Regulation 319Hk26 k. Number of predicate acts. 319HI(C) Criminal Remedies and Proceed- Most Cited Cases ings 319Hk91 k. Indictment and information. Racketeer Influenced and Corrupt Organiza- Most Cited Cases tions 319H 27 Evidence regarding defendant's bribery of em- 319H Racketeer Influenced and Corrupt Organiza- ployee of county district attorney was not improp- tions erly admitted as an uncharged crime, even though 319HI Federal Regulation indictment did not specifically mention bribe; de- 319HI(A) In General fendant received notice of bribery as part of Rack- 319Hk24 Pattern of Activity eteer Influenced and Corrupt Organizations count 319Hk27 k. Number of schemes, and government expressly identified conversation goals, episodes, or transactions. Most Cited Cases regarding bribery as example of defendant's role in enterprise, and bribery was relevant to crime Racketeer Influenced and Corrupt Organiza- charged, and was not unduly prejudicial. Fed.Rules tions 319H 28 Evid.Rule 404, 28 U.S.C.A. 319H Racketeer Influenced and Corrupt Organiza- [9] Racketeer Influenced and Corrupt Organiza- tions tions 319H 95 319HI Federal Regulation 319HI(A) In General 319H Racketeer Influenced and Corrupt Organiza- 319Hk24 Pattern of Activity tions 319Hk28 k. Continuity or relatedness; 319HI Federal Regulation ongoing activity. Most Cited Cases 319HI(C) Criminal Remedies and Proceed- Demonstrating Racketeer Influenced and Cor- ings rupt Organizations “pattern” requires proof of mul- 319Hk92 Evidence tiple racketeering predicates, which can be part of 319Hk95 k. Weight and sufficiency. single scheme, that are related and that amount to, Most Cited Cases or threaten likelihood of, continued criminal activ- Evidence, including defendant's conversations ity. 18 U.S.C.A. §§ 1961(5), 1962(c). concerning his and fellow attorney's holding and laundering of money, and evidence that defendant [11] Conspiracy 91 23.5 was fully aware of nature of enterprise in which he was participant, was sufficient to support trial 91 Conspiracy court's finding that defendant knowingly helped 91II Criminal Responsibility conceal and launder drug proceeds, and was suffi- 91II(A) Offenses cient to support Racketeer Influenced and Corrupt 91k23 Nature and Elements of Criminal © 2013 Thomson Reuters. No Claim to Orig. US Gov. Works. Page 4 922 F.2d 1008, 32 Fed. R. Evid. Serv. 296 (Cite as: 922 F.2d 1008) Conspiracy in General ations 319H 95 91k23.5 k. Constitutional and statutory provisions. Most Cited Cases 319H Racketeer Influenced and Corrupt Organiza- Defendant, charged with conspiring to violate tions Racketeer Influenced and Corrupt Organizations 319HI Federal Regulation Act (RICO) was provided with fair notice that his 319HI(C) Criminal Remedies and Proceed- contemplated conduct violated RICO, and thus ings “pattern” requirement was not unconstitutionally 319Hk92 Evidence vague as applied to defendant; defendant's contem- 319Hk95 k. Weight and sufficiency. plated conduct included bribery and money laun- Most Cited Cases dering on behalf of narcotics enterprise. 18 Evidence of defendant's activities involving U.S.C.A. §§ 1961(5), 1962(c); U.S.C.A. bribery and money laundering on behalf of organ- Const.Amends. 1, 5, 14. ized crime was sufficient to establish a Racketeer Influenced and Corrupt Organization Act “pattern,” [12] Criminal Law 110 13.1 including requisite relatedness and continuity; evid- ence indicated that criminal organization was long- 110 Criminal Law term criminal enterprise engaged in narcotics traf- 110I Nature and Elements of Crime ficking, that defendant was active participant, and 110k12 Statutory Provisions that instances of defendant's bribery and money 110k13.1 k.
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