UNITED STATES V. ELLIOTT 571 F.2d 880 (1978) CASE BRIEF

UNITED STATES V. ELLIOTT

571 F.2d 880 (1978)

NATURE OF THE CASE: Elliott (Ds) Defendants appealed the judgment of the United States District Court which found Ds guilty of several criminal endeavors including violations of the Racketeer Influenced and Corrupt Organizations Act of 1970 (RICO), 18 U.S.C.S. 1961 et seq.

FACTS: A group of persons informally associated with the purpose of profiting from criminal activity. Evidence presented implicated the six defendants and 37 unindicted co-conspirators in more than 20 different criminal endeavors. The crimes involved, arson, counterfeit titles/stolen cars, stolen Hormel meat, efforts to influence the outcome of the stolen meat trial, a truck theft and its aftermath, stolen Swift meat and dairy products, stolen forklift and ditchwitch, stolen 'Career Club' shirts, false apothecaries, drug dealing, and a plan to burglarize the Triangle Chemical Company. An eight count indictment in this case was returned on July 29, 1976. The essence of the charges against these six defendants was that they engaged in a criminal enterprise whose purposes were to commit thefts, fence stolen property, illegally traffic in narcotics, obstruct justice, commit murder, and engage in other criminal activities; a violation of 18 U.S.C. Section 1962(c)(d). Only one defendant was ever involved in all the episodes with the others participating in various episodes never in concert with more than two other defendants. Hawkins was linked to all the crimes. At trial, Ds alleged that several conspiracies were proven and not the one that they were convicted of. D appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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