# United States v. Merlino, 349 F.3d 144 (3d Cir. 2003)

Canonical: https://mobfiles.org/items/courtlistener-us-v-merlino-349-f3d-144/

Third Circuit opinion of November 12, 2003 on the appeals of seven defendants convicted in 2001 on an indictment naming the Philadelphia La Cosa Nostra family as the RICO enterprise; the jury had found the murder racketeering acts not proven.

United States Court of Appeals, Third Circuit, filed November 12, 2003 (Barry, J.); argued June 2, 2003. "Beginning in June of 1999, a federal grand jury in the Eastern District of Pennsylvania returned a series of indictments culminating in January 2001 in the thirty-six count fourth superceding indictment on which the seven defendants who had not already pled guilty went to trial in March of 2001." The indictment named the Philadelphia La Cosa Nostra family as the RICO enterprise. The verdicts were returned on July 20, 2001.

The court notes that the counts and acts "alleging anything to do with murder or violent crimes in aid of racketeering and many of the numerous extortion racketeering acts and counts were found by the jury to be wanting and resulted in findings of 'not proven' or acquittals. The government, and there is no way to sugar-coat it, lost the heart of its case." The defendants were convicted on other counts and sentenced to terms of 71 to 168 months.

The defendants are named in the court's caption; this page keeps to the court's procedural account.

## Sources

- CourtListener (Free Law Project), text of the opinion: https://www.courtlistener.com/opinion/784137/united-states-v-joseph-merlino-aka-skinny-joey-joseph-merlino-united/