United States v. Schiro, 679 F.3d 521 (7th Cir. 2012)

United States Court of Appeals, Seventh Circuit, argued February 13, 2012, decided May 1, 2012; rehearing en banc denied July 23, 2012.

The opinion says the indictment charged the defendants, “along with other members of the ‘Chicago Outfit’ — the long-running lineal descendant of Al Capone’s gang,” with conducting the Outfit’s affairs through a pattern of racketeering activity from the 1960s to 2005. Frank J. Calabrese, Sr. and James Marcello “were tried, together with three other members of the Outfit — Joseph Lombardo, Paul Schiro, and Anthony Doyle.” The judge “sentenced Calabrese, Marcello, and Lombardo to life in prison, Schiro to 20 years, and Doyle to 12 years.” (CourtListener’s text prints “A1 Capone” and “Sehiro”, errors in its scan.)

It describes the structure the indictment alleged: “The Outfit conducts its operations in Chicago through ‘street crews.’ Calabrese was the boss of the Calabrese Street Crew (also known as the South Side/26th Street Crew). Marcello was a member of the Carlisi Street Crew (also known as the Melrose Park Crew).” It records Calabrese’s earlier case: charged in 1995, “He had pleaded guilty in 1997 and been sentenced to 118 months in prison.”

The court rejected the double-jeopardy claims and other challenges. Its judgment line reads “Affirmed in Part and Reversed in Part”; the partial dissent describes the change as a minor adjustment to Doyle’s restitution obligation. Judge Wood dissented in part and would have reversed the convictions of Calabrese and Marcello on double-jeopardy grounds.