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United States v. Fatico
United States District Court for the Eastern District of New York
458 F. Supp. 388 (1978)
Daniel Fatico (defendant) was convicted of hijacking. At Fatico’s sentencing hearing, the prosecution (plaintiff) presented evidence that Fatico was a member of an organized-crime family. Specifically, the prosecution provided testimony of seven government agents, relying on information from 17 informants, that Fatico was a member of an organized-crime family. The prosecution also supplied evidence that police officers had observed Fatico consort with criminals. If proven at sentencing, Fatico’s membership could lead to a longer, harsher sentence for Fatico. The fact had not been proven at trial, but the prosecution had presented testimony that tended to prove the fact, albeit from witnesses with credibility issues. Fatico questioned the burden of proof required of the prosecution to prove this fact at sentencing.
Rule of Law
Holding and Reasoning (Weinstein, J.)
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