LATIN BELLY, LTD., ET AL.

v.

UNITED STATES ET AL.

Citator

Cited By (29 total)

• State v. Batraville Vincent Delva, 575 So. 2d 643 (Fla. 1991)
  …nce and the possible inability of the prosecution to prove his guilt beyond a reasonable doubt. United States v. England, 347 F. 2d 425, 431 (7th Cir.1965) (emphasis added). Accord United States v. Walsh, 700 F. 2d 846, 856 (2d Cir.), cert. denied, 464 U.S. 825, 104 S.Ct. 96, 78 L.Ed.2d 102 (1983); United States v. Natale, 526 F. 2d 1160 (2d Cir.1975), cert. denied, 425 U.S. 950, 96 S.Ct. 1724, 48 L.Ed.2d 193 (1976). We ourselves have stated: The plea of not guilty puts in issue every material element of…
• United States v. Carmine Persico, 832 F.2d 705 (2d Cir. 1987)
  …ues I share the majority's views. Initially, I agree with the majority that Congress intended RICO offenses to be separate from and in addition to offenses based on predicate acts, United States v. Walsh, 700 F. 2d 846, 856 (2d Cir.), cert. denied, 464 U.S. 825, 104 S.Ct. 96, 78 L.Ed.2d 102 (1983), and that the Double Jeopardy Clause does not necessarily bar a RICO conviction simply because a prior conviction or the facts underlying a prior conviction are used to establish a predicate act, see Garrett v. U…

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• United States v. Horak, 833 F.2d 1235 (7th Cir. 1987)
  …6 (9th Cir.1987) (remand for forfeiture rehearing in light of Eighth Amendment concerns); United States v. Walsh, 700 F. 2d 846, 847 (2d Cir.) (forfeiture reaches all assets of the enterprise except as limited by the Eighth Amendment), cert. denied, 464 U.S. 825, 104 S.Ct. 96, 78 L.Ed.2d 102 (1983). The court in Busker remanded a forfeiture order entered pursuant to section (a)(2) and directed the district court on remand to “make a determination, based upon appropriate findings, that the interest ordered…