# United States v. Gallo, 763 F.2d 1504 (6th Cir. 1985)

Canonical: https://mobfiles.org/items/courtlistener-us-v-gallo-763-f2d-1504/

Sixth Circuit opinion of May 29, 1985 on the Cleveland RICO, continuing-criminal-enterprise and Travel Act convictions of Joseph Gallo, Frederick and Hartmut Graewe, Kevin McTaggart and Angelo Lonardo. It affirmed all but one count and describes Lonardo as 'one of the leading directors and investors' in the enterprise.

United States Court of Appeals, Sixth Circuit, argued November 8, 1984, decided May 29, 1985. The appeals come from the Northern District of Ohio trial in criminal case CR82-119, whose superseding indictment and transcripts are [filed here](/items/nara-315949004-us-v-gallo-case-file-cr82-119/).

The court describes the case as a narcotics and gambling enterprise in Cleveland in which, during 1978 to 1982, the defendants "fashioned an agreement between rival criminal factions on the east and west sides of the city, whereby they would jointly control and profit from their control of criminal activities. The evidence indicates that Lonardo was one of the leading directors and investors in the profitable but illicit joint enterprise, that Gallo was a high-level supervisor, and that Hans Graewe, McTaggart, and Fritz Graewe were regular participants." The chief witness was Carmen Zagaria, a co-conspirator. The court recounts Zagaria's testimony that Gallo and Sinito had told him that other members in Cleveland were "Licavoli, the 'boss'; Lonardo the under-boss"; that is a witness's account of what others told him.

The court concluded: "we Affirm in full the convictions of appellants Angelo Lonardo, Hartmut Graewe, Frederick Graewe, and Kevin McTaggart. We Affirm Joseph Gallo's conviction except that we Reverse his conviction on count 1," and found no need to remand because his sentence on that count ran concurrently. The opinion does not use the case names "Buzzmark" or "Busmark."

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/453322/united-states-v-joseph-c-gallo-frederick-graewe-hartmut-graewe-kevin/