Filed: Apr. 14, 2008
Latest Update: Feb. 21, 2020
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS _ ELEVENTH CIRCUIT April 14, 2008 No. 07-11093 THOMAS K. KAHN _ CLERK D.C. Docket No. 04-00348-CR-T-24TGW UNITED STATES OF AMERICA, Plaintiff–Appellee, versus RONALD J. TRUCCHIO, a.k.a. Ronnie One Arm, STEVEN CATALANO, TERRY L. SCAGLIONE, Defendants–Appellants. _ Appeals from the United States District Court for the Middle District of Florida _ (April 14, 2008) Before BARKETT, FAY and STA
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS _ ELEVENTH CIRCUIT April 14, 2008 No. 07-11093 THOMAS K. KAHN _ CLERK D.C. Docket No. 04-00348-CR-T-24TGW UNITED STATES OF AMERICA, Plaintiff–Appellee, versus RONALD J. TRUCCHIO, a.k.a. Ronnie One Arm, STEVEN CATALANO, TERRY L. SCAGLIONE, Defendants–Appellants. _ Appeals from the United States District Court for the Middle District of Florida _ (April 14, 2008) Before BARKETT, FAY and STAP..
More
[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
April 14, 2008
No. 07-11093 THOMAS K. KAHN
________________________ CLERK
D.C. Docket No. 04-00348-CR-T-24TGW
UNITED STATES OF AMERICA,
Plaintiff–Appellee,
versus
RONALD J. TRUCCHIO,
a.k.a. Ronnie One Arm,
STEVEN CATALANO,
TERRY L. SCAGLIONE,
Defendants–Appellants.
________________________
Appeals from the United States District Court
for the Middle District of Florida
_________________________
(April 14, 2008)
Before BARKETT, FAY and STAPLETON,* Circuit Judges.
PER CURIAM:
Ronald Trucchio, Steven Catalano, and Terry Scaglione appeal from their
convictions for racketeering conspiracy beginning in the fall of 1984, in violation
of 18 U.S.C. § 1962(d). Scaglione also appeals from his conviction for conspiracy
to commit extortion, in violation of 18 U.S.C. § 1951.
We have considered the record, the briefs of the parties, and the oral
argument of counsel and find no reversible error. Based on the record in this case,
we must reject the argument that the evidence presented was insufficient to support
the convictions. We also find that the evidence presented was sufficient to permit
a reasonable jury to conclude that Catalano was guilty of the single conspiracy
charged in the indictment.
We find no error in the denial of Scaglione’s Motion for Severance as
Scaglione failed to show the requisite prejudice. We also cannot say that the
district court abused its discretion by denying Trucchio’s request for a continuance
and accepting Trucchio’s waiver of the right to counsel under the circumstances of
this case. We also find no abuse of discretion in the admission of FBI Agent
Gabriel’s expert testimony and do not find a violation of the confrontation clause.
*
Honorable Walter K. Stapleton, United States Circuit Judge for the Third Circuit,
sitting by designation.
2
Finally, we reject the argument that there was an abuse of discretion in
denying the Motion to Grant an Evidentiary Hearing to Investigate Potential
Extrinsic Influence on the Jury. The allegations in this case were too speculative to
support a claim that the jury verdict was tainted.
Accordingly, the convictions and sentences in this case are
AFFIRMED.
3