United States v. Schweihs
United States Court of Appeals for the Seventh Circuit
971 F.2d 1302 (1992)
Anthony Daddino (defendant), appointed by organized-crime figure Frank Schweihs (defendant) to collect illegal street-tax payments from an adult-video store owner, stopped visiting the store after the owner, cooperating with the FBI, told him not to come back, and Daddino simply replied okay, buddy and left; Schweihs then took over collecting the payments himself. Daddino was convicted of extortion and conspiracy and requested a jury instruction on withdrawal from the conspiracy based on that final conversation, which the trial court denied; he appealed.
Whether a coconspirator who stops personally collecting extortion payments after being told to stop, but takes no further affirmative step and remains connected to the broader criminal organization, is entitled to a jury instruction on withdrawal from the conspiracy.