United States v. Carrillo

229 F.3d 177, 2000 WL 1459705
CourtCourt of Appeals for the Second Circuit
DecidedSeptember 29, 2000
DocketNo. 98-1499
StatusPublished
Cited by34 cases

This text of 229 F.3d 177 (United States v. Carrillo) is published on Counsel Stack Legal Research, covering Court of Appeals for the Second Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Carrillo, 229 F.3d 177, 2000 WL 1459705 (2d Cir. 2000).

Opinion

LEVAL, Circuit Judge:

Defendant Ronald Ocasio was convicted, following a ten-week jury trial, of violations of the Racketeer Influenced and Corrupt Organizations (“RICO”) statute, 18 U.S.C. §§ 1961-1968, and the Violent Crimes in Aid of Racketeering (“VICAR”) statute, 18 U.S.C. § 1959. The counts of conviction included: (1) participating in the conduct of a racketeering enterprise in violation of 18 U.S.C. § 1962(c) by committing the predicate racketeering acts of murder, attempted murder, conspiracy to ■commit murder, and narcotics trafficking; (2) conspiring to conduct and participate in the affairs of a racketeering enterprise in violation of 18 U.S.C. § 1962(d); (3) conspiracy to murder Kelvin Lyons and Joseph Hendrickson for the purpose of maintaining position in a racketeering enterprise in violation of 18 U.S.C. § 1959(a)(5); (4) attempted murder of Lyons, in violation of 18 U.S.C. §§ 1959(a)(5) and 2; (5) murder of Rufus Brown, in violation of 18 U.S.C. §§ 1959(a)(1) and 2; (6) conspiracy to murder Robert Antonetti, in violation of 18 U.S.C. § 1959(a)(5); (7) murder of Robert Antonetti, in violation of 18 U.S.C. §§ 1959(a)(1) and 2; (8) conspiracy to murder Axel Antonetti, in violation of 18 U.S.C. § 1959(a)(5); (9) murder of Axel Antonetti, in violation of 18 U.S.C. §§ 1959(a)(1) and 2; (10) conspiracy to distribute and possess with intent to distribute heroin and cocaine base, in violation of 21 U.S.C. § 846; (11) using and carrying a firearm during and in relation to the conspiracy to murder Lyons and Hendrickson, the attempted murder of Lyons, and the murder of Brown, in violation of 18 U.S.C. §§ 924(e) and 2; (12) using and carrying a firearm during and in relation to the conspiracy to murder and the murder of Robert Antonetti, in violation of 18 U.S.C. §§ 924(c) and 2; and (13) using and carrying a firearm during and in relation to the conspiracy to murder and the murder of Axel Antonetti, in violation of 18 U.S.C. §§ 924(c) and 2. The district court (Batts, J.) sentenced Ocasio [179]*179to life imprisonment and a consecutive term of forty-five years’ imprisonment, to be followed by a five-year term of supervised release, and a mandatory 650 dollar special assessment.

On appeal, Ocasio contends that (1) the district court erred in refusing to charge that in order to find that he had committed the racketeering act or VICAR act of conspiracy to murder, the jury must find that a member of the conspiracy had committed an overt act in furtherance of the conspiracy;' (2) insufficient evidence supported the finding that he had committed certain racketeering acts; (3) the government failed to disclose information in a timely manner and this failure denied him a fair trial; (4) the manner in which the case was prosecuted denied him due process; (5) the district court erred in refusing to give the defense’s requested instructions regarding witness credibility; (6) the jury instructions omitted some of the overt acts listed in the original indictment’s drug conspiracy count; (7) he received ineffective assistance of counsel; (8) the government violated 18 U.S.C. § 201(c)(2) by making promises of value to witnesses in exchange for testimony; (9) the government proved multiple conspiracies rather than the conspiracy charged, and the court erred by failing to give a multiple conspiracy charge; and (10) the district court unreasonably restricted the defense’s cross-examination of witnesses. We reject Oca-sio’s contentions and affirm the judgment of conviction. His contentions numbered (2) through (10) above are insubstantial and require no discussion. We reject his first contention for the reasons given below.

BACKGROUND

The evidence at the trial demonstrated that Ocasio was the leader of a racketeering enterprise known as the “Bryant Boys,” so named because its drug distribution operations were centered at 850 and 860 Bryant Avenue, Bronx, New York. Cooperating co-defendants who had been involved in the Bryant Boys enterprise, as well as other witnesses, including law enforcement officers, testified to the organization and history of the enterprise’s heroin and crack distribution operation, and to Ocasio’s role in it. The Bryant Boys began operating as early as 1987 by selling heroin in glassine bags in front of 860 Bryant Avenue. As their operation expanded, the Bryant Boys began selling crack cocaine as well, and began selling from inside an abandoned building at 850 Bryant Avenue. The building was known as “the Hole” because its courtyard was surrounded by a high wall, and all of its windows were covered over, leaving open only a small hole in one wall through which drugs and money could be passed. By early 1991, the Bryant Boys sold drugs at these “spots” twenty-four hours a day, seven days a week, in eight-hour shifts. In each eight-hour shift, they sold approximately 350 bundles of heroin, containing ten glassine bags per bundle, and approximately 140 packs of crack cocaine, each containing 50 vials of crack.

Sometime in 1990, Rudolph Wyatt, who had worked as a hitman for the Bryant Boys at Ocasio’s direction, got into an argument and physical altercation with Angel Ocasio, the' defendant’s brother. On October 21, 1990, the defendant Ocasio told Arnold Rodriguez to call Wyatt and ask him to come to Bryant Avenue. Rodriguez did so, and Wyatt, accompanied by Carl Norris and Cartrell Campbell, met Rodriguez across the street from 860 Bryant Avenue. They began to approach the building.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Omari Andre Green v. Commonwealth of Virginia
Court of Appeals of Virginia, 2025
United States v. Gomez
Ninth Circuit, 2025
United States v. Reginald Elmore
118 F.4th 1193 (Ninth Circuit, 2024)
Ocasio v. United States
S.D. New York, 2024
United States v. Munoz-Martinez
79 F.4th 44 (First Circuit, 2023)
United States v. Mills
378 F. Supp. 3d 563 (E.D. Michigan, 2019)
State v. Catt
435 P.3d 1255 (New Mexico Court of Appeals, 2018)
United States v. Osborne
Second Circuit, 2018
United States v. Tineimalo Adkins
883 F.3d 1207 (Ninth Circuit, 2018)
United States v. Deleon
318 F. Supp. 3d 1272 (D. New Mexico, 2018)
United States v. Sanchez & Pagan
623 F. App'x 35 (Second Circuit, 2015)
United States v. Urena
73 F. Supp. 3d 291 (S.D. New York, 2014)
Gumbs v. People
59 V.I. 784 (Supreme Court of The Virgin Islands, 2013)
United States v. Arrington
409 F. App'x 190 (Tenth Circuit, 2010)
United States v. Stone
531 F. Supp. 2d 486 (E.D. New York, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
229 F.3d 177, 2000 WL 1459705, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-carrillo-ca2-2000.