United States v. Lacy

87 F.3d 1324 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellant v. Emanuel LACY; Gerome Lacy; Lamar Lacy; Goldie Lacy; Anthony Perry; Gordon Henderson; Marvin Hardeman; Henry Scott; James H. Davis; Luis Orozco; Jose Luis Padilla-Ozuna; Emmitt Granville; Willie Young; Damien Drew Rivers; Maurice Herring; Lavarrisse Jones; Mary Cross, Defendants-Appellees. No. 95-10398. United States Court of Appeals, Ninth Circuit. Submitted June 11, 1996. * Decided June 13, 1996. 1 Before: REINHARDT and HALL, Circuit Judges, MERHIGE, ** District Judge. 2 MEMORANDUM *** 3 The United States appeals the dismissal of two counts of a 97-count indictment. The two counts dismissed were RICO charges, for participation in racketeering activity in violation of 18 U.S.C. § 1962 (c), and for conspiracy to engage in racketeering activity in violation of 18 U.S.C. § 1962 (d). The district court dismissed the RICO counts because the indictment did not…