United States v. Rao, No. 65 Cr. 232.

CourtUnited States District Courts. 2nd Circuit. United States District Courts. 2nd Circuit. Southern District of New York
Writing for the CourtVincent J. Fuller, Washington, D. C., for defendant
PartiesUNITED STATES of America v. Vincent John RAO, Defendant.
Docket NumberNo. 65 Cr. 232.
Decision Date04 March 1969

296 F. Supp. 1145

UNITED STATES of America
v.
Vincent John RAO, Defendant.

No. 65 Cr. 232.

United States District Court S. D. New York.

March 4, 1969.


296 F. Supp. 1146

Robert M. Morgenthau, U. S. Atty., for Southern District of New York, by Andrew M. Lawler, Asst. U. S. Atty., for plaintiff.

Vincent J. Fuller, Washington, D. C., for defendant.

OPINION

HERLANDS, District Judge:

The Court delivers this opinion in connection with the sentencing of the defendant.

On March 17, 1965, the defendant was indicted on five counts of perjury charging

296 F. Supp. 1147
violations of 18 U.S.C. § 1621 (1964), the general perjury statute. This statute provides for a maximum punishment of five years in prison or $2000 fine, or both

The indictment charged that, from on or about February 10, 1964 up to and including March 17, 1965, the date of the filing of the indictment, the grand jury was conducting an investigation into possible violations of the Federal Narcotics Laws, and that "As part of said investigation the grand jury was inquiring into the activities and associates of certain individuals who were believed to be participants in the illicit narcotics traffic. In addition, the grand jury was inquiring into possible sources of money used to finance narcotic transactions and the eventual disposition of any money derived from narcotic transactions."

The defendant had been called before the grand jury on February 14, 1964, April 24, 1964, and May 8, 1964. He invoked his fifth amendment privilege with respect to virtually all questions except for some personal data.

On January 21, 1965 the United States Attorney, with the approval of the Attorney General, made an application to this Court for an order granting immunity to the defendant. The application was granted, the defendant was directed to answer the questions, and he testified before the grand jury on four different occasions in January and March 1965.

On one of those sessions before the grand jury on January 22, 1965, he testified that he had gone to the Apalachin meeting in 1957 with Salvatore Tornabe and Joseph Rosado and that he had never previously told a different story to law enforcement officers about his trip to Apalachin.

The Government then claimed, and still claims, that he had previously informed the New York City Police Department that he had gone to Apalachin by himself.

On November 17, 1967, the defendant was found guilty, after a jury trial over which I presided, on Count Fifth of the indictment; and the jury disagreed on Counts First, Second and Third. Count Fourth of the indictment had been ordered severed on November 14, 1967, during the trial. The fourth count dealt with an alleged perjury revolving around the defendant's visit to Joseph Barbera's house in Apalachin, New York, on November 14, 1957, and whether he had ever told any law enforcement agency that he had traveled alone to that destination on that day.

The defendant was born on June 24, 1898. Thus, he is almost 71 years old. His wife is 68 years old.

Psychiatrically, the defendant is not suffering from any emotional disturbances or mental disorders. He does have numerous illnesses, largely due to old age. According to the authorities who have studied him and have reported to the Court, he is seen as a care case, primarily because of his physical condition, which includes obesity, poor heart sounds, a history of duodenal ulcers, bronchitis, arthritis, and multiple sclerotic conditions. The authorities who have studied him report: "There are no current contraindications to his being confined to an institution."

He was committed by this Court for study on November 22, 1968 pursuant to the provisions of 18 U.S.C. § 4208(b) (1964).

Under date of February 5, 1969, this Court received an appropriate report from the Director of the Bureau of Prisons, Myrl E. Alexander. Previously, the Court had received a presentence report dated December 12, 1967, from the Probation Service of this Court.

The defendant has submitted 17 letters from persons expressing their high regard for defendant's character and mentioning the charitable contributions to various worthwhile religious and communal causes.

The Court received these letters from Mr. Fuller, the defendant's attorney;

296 F. Supp. 1148
and the Court is making these letters part of the record

In addition to the 17 commendatory letters, there are letters concerning the defendant's medical condition; two letters concerning the defendant's wife's medical condition; and a letter concerning a daughter of the defendant who has a medical condition. All of these letters will be made part of the record.

Of the letters referred to, eight are from religious and charitable organizations; three letters are from lawyers; one from an accountant; five from business associates.

The defendant presents this material in mitigation of any punishment.

The Court has carefully considered and evaluated each of these letters of recommendation, as well as the medical letters in behalf of defendant.

On the other hand, Assistant United States Attorney Lawler, the presentence report dated December 12, 1967, and the report from the Director of the Bureau of Prisons transmitted under date of February 5, 1969, assert that for many years the defendant has occupied a high rank in what is popularly called the Mafia or Cosa Nostra.

As to the information presented to the Court with respect to the defendant's alleged...

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5 practice notes
  • United States v. Fatico, No. 76-CR-81.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • December 1, 1977
    ...United States v. Neary, 552 F.2d 1184 (7th Cir. 1977); 18 U.S.C. § 3575 (special and dangerous offenders). But cf. United States v. Rao, 296 F.Supp. 1145, 1149 (S.D. Congress has recognized the need for a wide-ranging inquiry about a defendant's criminal associations. As part of the Organiz......
  • United States v. Schipani, No. 63 CR 237.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • June 4, 1970
    ...solely upon assessment of probative force. United States v. Doyle, 348 F.2d 715, 720 (2d Cir. 1965). But cf. United States v. Rao, 296 F.Supp. 1145, 1148 (S.D.N.Y. 1969) (hearsay indicating defendant's underworld connections does not constitute a predicate for In the instant case the questi......
  • U.S. v. Cardi, No. 74-1291
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • July 10, 1975
    ...and Malone's affidavit is, therefore, without merit. Cardi relies on language used by the district court in United States v. Rao, 296 F.Supp. 1145, 1148 (S.D.N.Y.1969), being an explicatory opinion in connection with a sentencing. Recognizing that "(a) defendant's associates and his reputat......
  • United States v. Marshall, No. 81-CR-23.
    • United States
    • U.S. District Court — Eastern District of Wisconsin
    • August 4, 1981
    ...the comprehensive judgment formed about the guilty individual." The Court specifically rejected the reasoning of United States v. Rao, 296 F.Supp. 1145 (S.D.N.Y.1969), which held that it was improper for a sentencing judge to consider hearsay evidence of a defendant's underworld association......
  • Request a trial to view additional results
5 cases
  • United States v. Fatico, No. 76-CR-81.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • December 1, 1977
    ...United States v. Neary, 552 F.2d 1184 (7th Cir. 1977); 18 U.S.C. § 3575 (special and dangerous offenders). But cf. United States v. Rao, 296 F.Supp. 1145, 1149 (S.D. Congress has recognized the need for a wide-ranging inquiry about a defendant's criminal associations. As part of the Organiz......
  • United States v. Schipani, No. 63 CR 237.
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • June 4, 1970
    ...solely upon assessment of probative force. United States v. Doyle, 348 F.2d 715, 720 (2d Cir. 1965). But cf. United States v. Rao, 296 F.Supp. 1145, 1148 (S.D.N.Y. 1969) (hearsay indicating defendant's underworld connections does not constitute a predicate for In the instant case the questi......
  • U.S. v. Cardi, No. 74-1291
    • United States
    • U.S. Court of Appeals — Seventh Circuit
    • July 10, 1975
    ...and Malone's affidavit is, therefore, without merit. Cardi relies on language used by the district court in United States v. Rao, 296 F.Supp. 1145, 1148 (S.D.N.Y.1969), being an explicatory opinion in connection with a sentencing. Recognizing that "(a) defendant's associates and his reputat......
  • United States v. Marshall, No. 81-CR-23.
    • United States
    • U.S. District Court — Eastern District of Wisconsin
    • August 4, 1981
    ...the comprehensive judgment formed about the guilty individual." The Court specifically rejected the reasoning of United States v. Rao, 296 F.Supp. 1145 (S.D.N.Y.1969), which held that it was improper for a sentencing judge to consider hearsay evidence of a defendant's underworld association......
  • Request a trial to view additional results

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