United States v. Steven Dale Witten, Steve Binion Fechser, Emory Woodfin Cofield

This is an interlocutory appeal from the district court’s order denying a motion to dismiss one of the predicate acts alleged in an indictment charging the appellants with conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1962 (d). For the reasons explained below, we dismiss the appeal for lack of jurisdiction.

The appellants, Steven Binion Fechser, Emory Woodfin Cofield, and Steven Dale Witten, were employees of Binion’s Horseshoe Hotel and Casino in Las Vegas, Nevada. In April 1986, a Clark County, Nevada grand jury returned an indictment against appellants, charging them with kidnapping and robbing card cheats. Fechser and Co-field were indicted for kidnapping and robbing Barry Finn and robbing Alan Brown. Witten was indicted for kidnapping and robbing Brown and robbing Finn. The jury acquitted Cofield of the charges of kidnapping and robbing Finn and robbing Brown, acquitted Witten of kidnapping Brown, and acquitted Fechser of kidnapping Finn. However, the jury found Witten and Fech-ser guilty of the robbery charges. Fechser and Witten filed motions to dismiss those robbery charges. The Clark County, Nevada district court…