47 F.3d 72 (2nd Cir. 1995), 352, United States v. Ganci
|Docket Nº:||352, Docket 94-1118.|
|Citation:||47 F.3d 72|
|Party Name:||UNITED STATES of America, Appellee, v. Giuseppe GANCI, Salvatore Catalano, Joseph Lamberti, Salvatore Mazzurco, Giovanni Ligammari, Cesare Bonventre, Baldassare Amato, Onofrio Catalano, Vincenzo Randazzo, Pietro Alfano, Emanuele Palazzola, Samuel Evola, Vito Badalamenti, Faro Lupo, Giuseppe Trupiano, Giuseppe Vitale, Giuseppe Soresi, Lorenzo Devard|
|Case Date:||February 07, 1995|
|Court:||United States Courts of Appeals, Court of Appeals for the Second Circuit|
Argued Jan. 3, 1995.
Lawrence H. Schoenbach, New York City, for defendant-appellant.
Andrew C. McCarthy, Asst. U.S. Atty., S.D.N.Y. New York (Alexandra Rebay, Asst. U.S. Atty., Mary Jo White, U.S. Atty., S.D.N.Y., of counsel), for appellee.
Before: WINTER, MAHONEY, and JACOBS, Circuit Judges.
Gaetano Badalamenti appeals from the partial denial by Judge Leval of his motion for reduction of sentence pursuant to former Federal Rule of Criminal Procedure 35(a). Familiarity with our opinion in Badalamenti's direct appeal, United States v. Casamento, 887 F.2d 1141 (2d Cir.1989), cert. denied, 493 U.S. 1081, 110 S.Ct. 1138, 107 L.Ed.2d 1043 (1990), is assumed.
Badalamenti was initially sentenced in 1987 to a term of fifteen years and a fine of $25,000 for violating 21 U.S.C. Sec. 846 by conspiring to distribute narcotics, and to a term of forty-five years and a fine of $100,000 for violating 21 U.S.C. Sec. 848 by conducting a continuing criminal enterprise ("CCE"). The district court initially imposed concurrent terms of imprisonment and cumulative fines, but in response to Badalamenti's motion, it amended the sentence on the conspiracy count to reflect that the $25,000 fine imposed would run concurrently with the $100,000 fine on the continuing criminal enterprise count. On appeal, Badalamenti contends that it violates the Double Jeopardy Clause to enter judgment and impose even a...
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