U.S. Second Circuit - The FindLaw 2nd Circuit Court of Appeals Opinion Summaries Blog

US v. Payne, No. 08-0837

Defendant's RICO and drug conspiracy convictions are affirmed where: 1) because 18 U.S.C. section 1959(a)(1) provided that a person who "murders" in aid of racketeering may be "punished . . . by death," the indictment for that offense "may be found at any time without limitation"; and 2) the evidence was sufficient to show that the RICO conspiracy alleged in the indictment existed.

Read US v. Payne, No. 08-0837

Appellate Information

Argued April 22, 2009

Filed January 5, 2010


Opinion by Judge Kearse


For Appellant:

Donna R. Newman, New York, NY

For Appellee:

Ali Kazemi, Assistant United States Attorney, Brooklyn, NY