# United States v. Calabrese, 490 F.3d 575 (7th Cir. 2007)

Canonical: https://mobfiles.org/items/courtlistener-us-v-calabrese-490-f3d-575/

Seventh Circuit opinion of June 12, 2007 affirming the denial of double-jeopardy motions by Frank J. Calabrese, Sr. and James Marcello to dismiss the 2005 indictment that named the Chicago Outfit as the RICO enterprise.

United States Court of Appeals, Seventh Circuit, argued May 29, 2007, decided June 12, 2007. The appellants are Frank J. Calabrese, Sr. and James Marcello.

Each had been prosecuted earlier for a RICO conspiracy run through a street crew. The 2005 indictment charged them again with a RICO conspiracy, this time with the Chicago Outfit itself as the enterprise. The majority writes: "The enterprise is the Chicago Outfit, and insofar as is known at this time, it is a different enterprise from the Carlisi and Calabrese street crews." It affirmed the denial of their motions and noted that the trial might still support their claim, depending on the evidence the government used.

Judge Wood concurred in part and dissented in part. Her opinion quotes the earlier Carlisi Street Crew indictment, which alleged that the crew was "part of a larger criminal organization known as 'the mob' or 'the Outfit.'" The decision was a pretrial ruling. The Seventh Circuit's 2012 opinion in United States v. Schiro reviews the trial that followed.

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/798109/united-states-v-frank-j-calabrese-sr-and-james-marcello/