United States v. Ronald J. Trucchio , 273 F. App'x 836 ( 2008 )


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  •                                                      [DO NOT PUBLISH]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
    

Document Info

Docket Number: 07-11093

Citation Numbers: 273 F. App'x 836

Judges: Barkett, Fay, Per Curiam, Stapleton

Filed Date: 4/14/2008

Precedential Status: Non-Precedential

Modified Date: 8/2/2023