United States v. Cerone, 830 F.2d 938 (8th Cir. 1987)

United States Court of Appeals, Eighth Circuit, submitted May 11, 1987, decided October 8, 1987.

The opinion states that the indictment charged the defendants and unindicted co-conspirators with maintaining hidden interests in Las Vegas casinos, particularly the Stardust and Fremont, owned by Allen R. Glick’s Argent Corporation and financed by the Teamsters Central States pension fund. It then summarizes the Government’s theory in these words: “The Government charged that the conspirators were able to control Argent and the Union because they were members of organized crime ‘groups’ in various Midwestern cities. Aiuppa was the boss of the Chicago group, with Cerone as its underboss. LaPietra and Lombardo were members of the Chicago group, and Rockman was an associate of the Cleveland group.” That is the court’s account of the charge, not a finding by the court.

The grand jury in Kansas City returned the eight-count indictment against fifteen defendants on September 30, 1983. “The district court severed the case of Anthony Spilotro from the others, and he died several months after trial.” Elsewhere the opinion states: “In 1986, the bodies of co-defendant Anthony Spilotro and his brother were discovered in an Indiana cornfield.”

“Aiuppa and Cerone were sentenced to consecutive prison terms totalling twenty and one-half years. Lombardo and LaPietra received consecutive sentences totalling sixteen years imprisonment.” Each defendant was fined $80,000. The court concludes: “we affirm the convictions.”