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United States v. Basciano

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Argued: October 27, 2009

Before: WALKER, McLAUGHLIN, and RAOOI, Circuit Judges.

Defendant Vincent Basciano is presently serving a sentence oflife imprisonment as a result of conviction after jury trials in 2006 and 2007 in the United States District Court for the Eastern District ofN ew York (Nicholas G. Garaufis, Judge) on charges of conspiratorial and substantive racketeering relating to his participation in the Bonanno organized crime family (“Bonanno crime family” or “Family,,).*fn1 See Judgment, United States v. Basciano, Nos. 03-cr-929(S-5) & (S-8) (E.D.N.Y. Apr. 9,2008). Basciano now awaits a third trial in the Eastern District before Judge Garaufis on a different indictment charging him with one count of substantive racketeering, again in connection with the Bonanno crime family, see 18 U.S.c. § 1962(c); two counts of conspiracy to murder in aid of racketeering, see id. § 1959(a)(5); one count of murder in aid of racketeering – a capital offense see id. § 1959(a)(l); and a related firearms charge, see id. § 924(c)(l)(A)(iii). See Indictment, United States v. Basciano, No. 05-cr-060(S-9) (E.D.N.Y. April 17, 2008). Basciano appeals the district court’s denial of his motion to dismiss on double jeopardy grounds those counts of the pending 05-cr-060(S-9) indictment charging him with substantive racketeering (Count One) and conspiracies to murder in aid of racketeering (Counts Three and Nine), as well as the denial of his motion to reconsider this mling.*fn2

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