United States v. Carlos Marcello, United States of America v. Samuel Orlando Sciortino, United States of America v. Phillip Rizzuto

Nos. 82-1274, 82-1275, and 82-1276

Carlos Marcello, Samuel Orlando Sciorti-no, and Phillip Rizzuto were jointly charged in a three-count indictment with conspiring to bribe and influence a federal judge. Specifically, count one of the indictment charged the three defendants with conspiring to bribe a public official in violation of 18 U.S.C. § 371 and 18 U.S.C. § 201 . Count two charged that they corruptly endeavored to influence an officer of a court in violation of 18 U.S.C. § 1503 . Count three charged them with interstate travel in aid of racketeering in violation of 18 U.S.C. § 1952 . The three defendants were jointly tried, and the jury found Marcello guilty on all three counts. Sciortino was convicted only on count two, endeavoring to influence an officer of a court and obstructing justice, the jury being unable to agree on a verdict on counts one and three. Rizzuto was convicted on counts one and two, conspiracy to bribe and obstructing justice, and acquitted on count three, interstate travel in aid of racketeering. All three appealed their respective convictions and the sentences imposed thereon. We affirm.

The government’s theory of the case was that the three…