# United States v. Massino, 546 F.3d 123 (2d Cir. 2008)

Canonical: https://mobfiles.org/items/courtlistener-us-v-massino-546-f3d-123/

Second Circuit opinion of October 10, 2008 on the appeal of Bonanno defendant Patrick DeFilippo, filed under the Massino caption. It is not a ruling on Joseph Massino's own conviction.

United States Court of Appeals, Second Circuit, docket 07-1618-cr, decided October 10, 2008. The case carries Joseph Massino's name in the caption, but the appellant is Patrick DeFilippo. The opinion states that on January 11, 2006 a federal grand jury returned a superseding indictment charging DeFilippo and Vincent Basciano with eleven counts "stemming from their involvement with the Bonanno Crime Family."

The appeal turned on recorded statements introduced through the cooperating witness James Tartaglione. The court held that the admission of that testimony was in error, but that the error was harmless, and it affirmed: "the judgment of conviction and sentence are AFFIRMED."

This archive files the opinion as context for the Bonanno records. It does not use it for any statement about Massino; the research summary that described this opinion as vacating the conviction was checked against the text and is wrong.

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/1361622/united-states-v-massino/