John Marshall and Charles Del Monico v. United States

Good Law
355 F.2d 999
United States Court of Appeals for the Ninth CircuitMarch 10, 196619383California7,186 words

Opinion

Opinion

Barnes, J.

Three of four alleged conspirators were indicted by a grand jury in Count I of a three count indictment, alleging a conspiracy to travel in interstate commerce with intent to aid racketeering enterprises ( 18 U.S.C. § 1952 ).

The three indicted were John Marshall (also known as Marshall Caifano), Charles Del Monico (also known as Charles Tourine, Jr.) and Allen Smiley (also known as Aaron Smehoff). The fourth unindicted coconspirator was Nicholas Dándolas (also known as Nick the Greek).

The “racketeering enterprises” were alleged to have been: to travel in interstate commerce with intent to (a) (1) distribute the proceeds of unlawful activity, namely: extortion; (2) commit a crime of violence to further unlawful activity, namely: extortion and (3) promote, manage, establish, carry on and facilitate the promotion, management, establishment and carrying on of unlawful activity, namely: extortion; and to thereafter perform and attempt to perform acts specified in (1), (2) and (3) above, in violation of Title 18, United States Code, Section 1952 .

The objects of said conspiracy were alleged to have been accomplished by the conspirators and the unindicted cocon-spirators traveling…

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