104 F.3d 351 (2nd Cir. 1996), 96-1077, U.S. v. Grado

Docket Nº:96-1077(L), 96-1092.
Citation:104 F.3d 351
Party Name:UNITED STATES of America, Appellee, v. Anthony GRADO, Thomas Anzeulotto, aka "Tommy Red,", Defendants-Appellants.
Case Date:October 30, 1996
Court:United States Courts of Appeals, Court of Appeals for the Second Circuit
 
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Page 351

104 F.3d 351 (2nd Cir. 1996)

UNITED STATES of America, Appellee,

v.

Anthony GRADO, Thomas Anzeulotto, aka "Tommy Red,", Defendants-Appellants.

Nos. 96-1077(L), 96-1092.

United States Court of Appeals, Second Circuit

October 30, 1996

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA2 s 0.23 regarding use of unpublished opinions)

AFFIRMED.

John Apicella (Brooklyn, NY); James R. Froccaro, Jr. (Port Washington, NY)

Bridget M. Rohde, Asst. U.S. Atty. (Zachary W. Carter, U.S. Atty., James Orenstein, Asst. U.S. Atty., of counsel; E.D.N.Y.) E.D.N.Y.

Present: MESKILL, CALABRESI, CABRANES, Circuit Judges.

ORDER

Thomas Anzeulotto and Anthony Grado appeal from a judgment entered on January 17, 1996, in the United States District Court for the Eastern District of New York (Block, F.). Anzeulotto and Grado were convicted after a jury trial of conspiring to make extortionate extensions of credit and to use extortionate means to collect extensions of credit in violation of 18 U.S.C.§§ 892, 894. Anzeulotto was also convicted of the substantive loansharking offenses of making extortionate extensions of credit and using extortionate means to collect extensions of credit in violation of 18 U.S.C. §§ 892, 894. Grado was acquitted of the substantive loansharking charges and Anzeulotto was acquitted of using and carrying a firearm in violation of 18 U.S.C. § 924(c). Grado was sentenced to 63 months of imprisonment to be followed by three years of supervised release, and Anzeulotto was sentenced to 96 months of imprisonment to be followed by three years of supervised release.

On appeal, Grado and Anzeulotto contend that the district court erred in holding that they were not denied their Fifth Amendment right to a fair trial by the government's failure to disclose evidence favorable to them. Anzeulotto further contends that the district court erred in rejecting his motions for a new trial under Rule 33 of the Federal Rules of Criminal Procedure and 28 U.S.C. § 2255, in which he alleged that his trial attorney had a conflict of interest while representing him. We reject both claims and affirm the district court.

The following facts were adduced at trial through the testimony of Robert Molini, Grado's cousin. Molini had been arrested by the DEA on September 9, 1992, for his involvement in a narcotics ring allegedly run by one Frederick Puglisi. Molini testified against Anzeulotto and Grado pursuant to a cooperation agreement with the government.

According to this testimony, in the summer of 1991, Molini needed to borrow money to pay for a marijuana shipment related to the Puglisi drug ring. He went to Grado, who introduced him to Anzeulotto. On two occasions, Anzeulotto loaned Molini $20,000 for a ten-day period, with the understanding that Molini would pay back the principal and 20% interest ($4000 for each loan within ten days). Molini was unable to pay back $3500, and fell increasingly into debt to Anzeulotto as interest accrued. Grado made threatening phone calls to Molini from time to time, in response to which Molini made a stream of payments totalling about $5000.

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