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Criminal Law Keyed to Kadish
United States v. Borelli
Citation:
336 F.2d 376 (2d Cir. 1964)Facts
From 1950 to 1959, a narcotics trafficking operation existed involving numerous participants. The operation began with Rosario and Joe Mogavero and Carmine Locascio importing heroin from Italy, with Salvatore Rinaldo (the government’s key witness) making deliveries to various distributors. Over the years, the operation underwent significant changes in personnel and sources of supply. In 1953, Rosario Mogavero was imprisoned but operations continued under Joe Mogavero and Locascio. In 1954, they introduced a new supplier, Smith. Problems with impure heroin from Italy in 1955 led to difficulties. By 1958, the operation had changed significantly, with new participants (Loiacano, Garibaldi, and Castiglia) and new sources of supply. Some defendants, like Tantillo, were only shown to have participated in the early years (1951), while others joined later. The government alleged that all defendants were part of a single, continuous conspiracy throughout the nine-year period, despite these changes in personnel and operations.
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