Opinion

United States v. Lee Stoller Enterprises, Inc., Lee Stoller, John M. Cooper, and John Maeras

  • 652 F.2d 1313
  • 1981 U.S. App. LEXIS 11873
Court
Court of Appeals for the Seventh Circuit
Filed
Jun 30, 1981
Status
Published
Author
Swygert
On the bench
Fairchild, Cudahy, Swygert, Cummings, Pell, Sprecher, Bauer
Cited by
56 cases
Authority
More cited than 25.2%

noting that the trial protected “each defendant’s rights by instructing the jury that it should consider the evidence separately as to each defendant in each count.”

How later courts described this case

  • noting that the trial protected “each defendant’s rights by instructing the jury that it should consider the evidence separately as to each defendant in each count.”
  • finding that the office of Madison County Sheriff was a RICO enterprise
  • upholding claim that Sheriffs Office was corrupted by bribes paid to the sheriff and deputy sheriff in a towing and prostitution payoff scheme
  • holding Madison County Sheriffs Office, like other public entities, is a proper RICO enterprise

Written by the judges who cited it.

The opinion

SWYGERT, Circuit Judge,

dissenting.

Although I originally voted to reverse these convictions on the ground that the RICO statute could not be applied to public entities, 1 because of the Supreme Court’s decision in United States v. Turkette, - U.S. -, 101 S.Ct. 2524 , 69 L.Ed.2d 246 (1981), I am compelled to vote with the majority on the RICO issue. I join, however, in the dissents filed by Chief Judge Fairchild and Judge Cudahy on the issues of joinder and severance.

. See my dissent in United States v. Grzywacz, 603 F.2d 682, 690 (7th Cir. 1979), cert. denied. 446 U.S. 935 , 100 S.Ct. 2152 , 64 L.Ed.2d 788 (1980).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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