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.
Argued April 22, 2009
Filed January 5, 2010
Opinion by Judge Kearse
Donna R. Newman, New York, NY
Ali Kazemi, Assistant United States Attorney, Brooklyn, NY