The indictment also alleged that the defendants participated in various other drug-related crimes arising out of their membership in, and affiliation with, the Mickey Cobras (MCs) street gang, which operated on the north-side of Chicago, Illinois during the 1980s and 1990s.2. At the close of the sentencing hearing, after weighing the evidence presented, the district court determined by a preponderance of the evidence that Davis had indeed possessed with intent to distribute between 50 and 150 grams of crack cocaine and that he was a manager or supervisor of a criminal activity, within the meaning of 3B1.1. Improper and impermissible double counting only occurs when a district court imposes two or more upward adjustments within the guideline range, when both are premised on the same conduct. U.S. v. Haines, 32 F.3d 290, 293 (7th Cir.1994) (emphasis in original). On the high end, Hankton may have supplied Olden with as much as 1071 grams of crack (which is equal to 1 oz. The record reflects that most of the large wholesale purchases involved powder, as opposed to crack, cocaine. 20. The wiretaps also provided the FBI with further insight into Hankton and Davis' respective leadership roles in the MCs as well as more specific information on the hierarchal structure of the organization. Despite success in the early stages of the investigation, in the Spring of 2000 investigators came upon a situation where the amount of information they required in order to sustain the issuance of criminal charges against members of the gang could no longer be safely obtained through the investigative techniques they were currently employing (i.e., without putting agents in danger).6 That being the case, the FBI applied for and received a court order authorizing a wiretap of Hankton's cellular phone.7 While monitoring the wiretap, FBI agents recorded a number of inculpatory conversations between Hankton and his associates during the months of June, July and August of 2000.8 The recorded conversations implicated Hankton, Davis and various other individuals in the trafficking and distribution of drugs, as well as other types of gang-related criminal activities and violence. Reported as permanently closed. This court has previously made clear that the control exerted by a defendant may either be direct or indirect in nature. The five-point star banner's collective name for joined gangs. It is true that later in the same monologue the judge mentions the position Hankton occupied to illustrate the point that the actual amount attributable to him could reach even beyond 1.5 kilograms. It is clear from those statements, however, that without taking Hankton's leadership role in the offense into consideration, the judge determined that the sentencing enhancement should apply, making any other drug amounts attributable to Hankton via his leadership role superfluous.29 Said differently, the judge concluded that Hankton was personally responsible for distributing well beyond 500 gram[s] of crack cocaine, which justified the enhancement of his sentence under 2D1.1. "The dope and the money-making is more important than the brotherhood," said Cmdr. The initial intercept ran from June 15 to July 14, 2000, when the warrant expired. Davis also argues that the sentencing court erred by admitting unreliable hearsay evidence when determining that he possessed with intent to distribute 50 to 150 grams of cocaine under U.S.S.G. Nevertheless, as we have stated, the rules of evidence do not apply at sentencing, see Hardamon, 188 F.3d at 849, and the judge was entitled to consider any relevant evidence assuming that evidence included a sufficient indicia of reliability. See Robinson, 164 F.3d at 1070. In the microwave, like I always do. Still a third drug conversation portrays Davis mentioning the purchase of approximately four and a half ounces of cocaine. It was allot of Cobra Stones but once Mickey died some stayed Stones,some became Mickey Cobras and some were King Cobras. "If there's no rules, no one knows what's going on. Although the plea agreements of the co-defendants may have constituted hearsay, see fed. 1781, 152 L.Ed.2d 860 (2002). In October 1999, the Federal Bureau of Investigation (FBI) began investigating the MCs, utilizing confidential informants,4 FBI surveillance and pen registers to gain information on the organization.5 Information gathered in the initial operational phase of the investigation allowed law enforcement officers to gain a preliminary understanding of the gang's structure. Hankton was subsequently sentenced to a term of 300 months in prison, while Davis was sentenced to 210 months. See id. To support the proposed guidelines enhancements, the government presented evidence detailing Hankton's role as a leader or organizer within the MCs organization. Although there was some ambiguity in Olden's testimony as to his interpretation of the terminology used by the MCs to refer to crack cocaine, he eventually testified that he purchased a hard form of cocaine from Hankton. Authorities said the charges marked the first time the gang has been targeted in a major federal prosecution. See United States v. Martinez, 289 F.3d 1023, 1028-29 (7th Cir.2002) (holding that reliability may be established by corroborating evidence). 738, 160 L.Ed.2d 621 (2005). See supra p. 9.Hankton argues that the testimony of Detective Charles and Agent Darin as to his role in the MCs should not have been considered because they were [not] qualified as experts in anything. This is misleading, for the district court made an express finding that Detective Charles was indeed an expert on the MCs, see supra p. 7, as well as expressly finding him to be a credible witness. Likewise, Agent Darin was also expressly found by the judge to be a credible and reliable witness. Last summer, Hilbring recalled, officers seized an instruction list that a West Side gang was passing out to its drug customers. 22. However, unlike Hankton, Davis does not claim that Agent Darin's testimony was unreliable. This increased the pressure on law enforcement to go after the gang. See United States v. Barnes, 117 F.3d 328, 337 (7th Cir.1997). 364, 54 L.Ed.2d 376 (1977). Cuisine: American Neighborhood: Los Feliz Website: www.shuttersonthebeach.com However, because we have held that the court's consideration of the co-defendant's plea agreements at sentencing did not constitute clear error under any circumstances, we need not separately discuss Davis' challenge to the enhancements to his sentence under 3B1.1(b).Nonetheless, even if we were to hold that the plea agreements were unreliable and should not have been considered, the enhancement was still supported by the record. Juwan Gatlin was a member of a street gang known as the Mickey Cobras. Davis pled guilty to possession with intent to distribute cocaine and admitted that on June 27, 2000, he obtained approximately 250 grams of powder cocaine from Hankton, with the intention of distributing it to others.22 Nonetheless, the government argued at sentencing that Davis was responsible for the possession of more than just the 250 grams of powder cocaine that he admitted to in the plea agreement. David Kelley. 7-8, when stating that Hankton exercised authority over persons, certainly well more than five or ten. However, Hankton claims that rather than directing its remarks to Mr. Hankton's conduct as it related to the actual offence, i.e., drug distribution, the court dwelled on Mr. Hankton's gang activities. This statement is nothing more than a self-serving red herring. Robert Guthrie, a former gang-crimes investigator who now oversees the department's public housing unit. 2D1.1(a)(4). 1820, 40 L.Ed.2d 341 (1974). Gang members who sell "packs" of cocaine "on the line" must be finished with work by midnight. See United States v. Schmeilski, 408 F.3d 917, 920 (7th Cir.2005). See, e.g., United States v. Von Loh, 417 F.3d 710, 712 (7th Cir.2005). 3B1.1(a). ", "They look at the buildings as their retail drugstore," said George Knox, a criminal justice professor at Chicago State University who has studied Chicago street gangs. Latin Disciples are one of the original gangs in the Folk alliance, alongside the BGD's (Black Gangster Disciples), Simon City Royals, Spanish Cobras, Satan's Disciples, Ashland Vikings, Two-Six, and others. 30 gang members would then be taken into custody. The email address cannot be subscribed. of crack cocaine every four days over a period of five months). We simply cannot be sure. (CHICAGO) - JUN 21--Drug Enforcement Administration agents and Chicago Police Department officers arrested 29 alleged members of the Mickey Cobras Street Gang who are suspected of trafficking fentanyl-laced heroin, crack cocaine, and marijuana in parts of Chicago's Southside. The Mickey Cobras now have their own unique written constitution and by-laws, which show a strong Islamic influence, just like those of the modern-day BPSN. Three Mickey Cobras members, including Lindsey Bell, the gang's chief enforcer, were convicted in Cook County Criminal Court of beating Williams to death with baseball bats in a hallway outside her apartment in the Cabrini-Green public housing development. The testimony given by Detective Charles and Agent Darin was more than reliable and therefore properly considered by the district court in sentencing Hankton. 5. Hankton and Davis were also charged with the knowing and intentional use of a communication facility (i.e., a telephone) in the commission of a felony (distribution of a controlled substance), and four separate counts of knowing and intentional distribution of cocaine base, in violation of 21 U.S.C. See U.S.S.G. 2. The government also introduced the signed plea agreements of other members of the MCs in which they admitted that they had purchased crack cocaine from Hankton. In order for a judge to be well advised of the facts surrounding the defendant's background, and particularly in view of the judge's obligation to the general public, as well as to the defendant, to be fair, reasonable, and just, it is imperative that he be allowed to draw upon a wealth of information concerning the defendant's background, from his date of birth up to and including the moment of sentencing In order to render justice to all the judge must be able to impress upon a defendant through the expansive contents of an all encompassing sentencing report that we are a country of laws and not men. In a separate indictment, Hankton was accused of passing on orders from gang higher-ups in April 1994 to have Williams killed over a narcotics dispute. The district judge mandated that the names of the witnesses be kept confidential, due to the fact that they feared retribution from the gang for their statements. Based on his understanding of the inner-workings of the MCs, Charles stated that on April 12, 2004, Williams had been issued a severe beating or violation as the MCs called it, for allegedly stealing approximately $3,000 from the gang. Also, as the factfinder at sentencing, the judge was free to draw whatever conclusions he might about the testimony given and evidence introduced in order to determine an appropriate sentence. (T. 1981, 1993). Specifically, the court found that Hankton's leadership role in the MCs was evinced by the fact that Hankton had the authority to order the beating of Annette Williams, knowing that the beating could lead to her death.. Section 3B1.1 of the sentencing guidelines is applicable where the defendant was an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive. U.S.S.G. As such, gang members are forbidden from parking in the basketball court or playground from 10 a.m. to 10 p.m. to leave room from customers. In another conversation, Darin described a conversation between Hankton and co-defendant Jammah Olden, where Olden requests that Hankton supply him with: About a half. Darin testified that, a half, as used in that particular context, referred to one half-ounce of crack cocaine. 2. See U.S.S.G. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Finally, the rules make clear that anyone who violates them will be dragged before the gang's "board" and punished. Indeed, it would be antithetical to consider these to be mutually exclusive endeavors. United States v. Booker, 543 U.S. 220, 125 S.Ct. When the amounts of crack cocaine that the co-defendants admitted Hankton distributed to them were tallied, the government estimated that the amount of crack Hankton distributed (as established in the plea agreement documents alone) to be 1166 grams. Hankton responds that [i]t's guaranteed. Agent Darin testified that butter was a common code word for cocaine and that the two were actually discussing the future sale of either crack or powder cocaine. 841 and 846. Finally, Hankton and Davis request that we order a limited remand to determine whether the district court would have imposed a different sentence had it known that the Sentencing Guidelines were merely advisory. Federal authorities dealt a blow Thursday to the Mickey Cobras street gang, charging 19 of its leaders and members with narcotics conspiracy and also indicting a top leader on charges he passed along orders to have a woman killed six years ago. 14 for the Mickey Cobras is "There will be no more paying brothers and sisters to do your security. 4. Scott Lassar said the pursuit of street gangs remained a top priority because of their control of narcotics in Chicago and the resulting violence. Furthermore, Agent Darin also testified as to Davis' role as a manager/supervisor in the MCs drug operations. 4655 Hollywood Blvd Los Angeles, CA 90027 (Map & Directions) Phone: (323) 669-3922. This is not to mention the fact that Davis was provided with ample opportunity to rebut the hearsay evidence proffered against him in the form of the co-defendant plea agreements, either by calling his own exculpatory witnesses or through his cross examination of Agent Darin. Accordingly, it is well-settled law that hearsay is not only an acceptable basis for a sentencing determination, United States v. Smith, 3 F.3d 1088, 1100 (7th Cir.1993), it is often an integral part of the sentencing process, United States v. Badger, 983 F.2d 1443, 1459 (7th Cir.1993). On November 21, 2002, Hankton signed a plea agreement in which he admitted distributing approximately 156 grams of cocaine base to a confidential informant, in violation of 21 U.S.C. All customers entering the building must be searched. In particular, Darin testified concerning the contents of an intercepted phone conversation of July 24, 2000 between Davis and the previously mentioned co-defendant, Jammah Olden, where the two argue over what Davis refers to as his workers. Evidently Davis became aware of the fact that Olden was selling drugs in an area where his workers were and became upset with him, telling the unidentified person (most likely Olden) on the phone that y'all better not be [sic] get caught selling [t]hey's [sic] my workers. Two days later a telephone call from Davis to Hankton (Jammah Olden is on the tape and can be overheard in the background) illustrates Davis' anger over Olden invading his workers' drug spot or lick and warns that if his people weren't allowed to continue selling drugs in that area he would fry that motherf[***]r up.. In Gangs and Organized Crime, George W. Knox, Gregg W. Etter, and Carter F. Smith offer an informed and carefully investigated examination of gangs and organized crime groups, covering street gangs, prison gangs, outlaw motorcycle gangs, and organized crime groups from every continent. 2D1.1(a)(3), Hankton's base offense level was 34 due to the aggregate amount of drugs involved in the offenses he admitted to, i.e., more than 150 grams of crack. And no sitting down or horsing around while on duty. Bell pleaded guilty and was sentenced to 40 years in prison, while the other two enforcers--Jamaine Jackson and Carl Williams--were convicted at trial and given 60-year prison terms each, according to Assistant State's Atty. During the late 1980s and early 1990s, Clarence Hankton and Gregory Davis were prominent members of the MCs, a dangerous and violent street gang that operated primarily out of housing projects on the north-west side of Chicago. The BPSN and MCN nations later went to war after the cobras blamed jeff fort for the hit. Staff writer George Papajohn contributed to this article. Nonetheless, [a] defendant has the due process right to be sentenced on the basis of accurate information. United States v. Salinas, 62 F.3d 855, 859 (7th Cir.1995) (citing United States v. Mustread, 42 F.3d 1097, 1101 (7th Cir.1994)). Three Mickey Cobras members, including Lindsey Bell, the gang's chief enforcer, were convicted in Cook County Criminal Court of beating Williams to death with baseball bats in a hallway outside . 841(a)(1), and Davis was charged with possession with intent to distribute cocaine, also in violation of 21 U.S.C. Also a member of the MCs, Olden recounted that the main source of revenue for the gang was the sale of illegal drugs. However, even if the judge had taken into account Hankton's leadership role when determining the quantity of drugs attributing attributable to him, this would not have been improper because, as explained above, although there may have been some overlap in the factual predicate for both enhancements, each enhancement addressed distinct aspects of the defendant's conduct. Schmeilski, 408 F.3d at 919. See Parra, 402 F.3d at 762. 21. This evidence was fully corroborated by the testimony of Agent Darin, which the sentencing judge expressly found to be credible. The authors have spent decades investigating gangs as well as researching their history and activities, and . Where different aspects or components of the defendant's behavior are addressed by different enhancements, improper double counting has not occurred. A seller must turn over the proceeds from one pack before he can get another to sell, the rules state. Select a Rating! As part of the plea agreement, the government agreed to recommend that Davis be granted a 3 level reduction for acceptance of responsibility pursuant to U.S.S.G. An extension was applied for and granted on July 20, 2000, and allowed continued surveillance through August 18, 2000. A pen register is usually installed at a central telephone facility [and] records on a paper tape all numbers dialed from [the] line to which it is attached. For example, although the judge recognized that Hankton was not the sole and only leader of the organization, he did exercise control [and] power [t]he telephone calls clearly establish that [t]hey show his concern for the organization itself, its image. In addition, the court referenced evidence presented by the government which illustrated Hankton's role in the murder of Annette Williams, see supra pp. Around 1993-94 the various gangs in the Maniac Familia, led by the Manic Latin Disciples (MLD's) began having violent conflicts with . In addition, both defendants and the government agreed to reserve their respective right[s] to argue their [respective] position[s] during post-conviction proceedings concerning certain factual issues relating to the sentencing aspect of the proceedings. We disagree and believe this argument is misplaced. of crack every four or five days over a period of five months). Based in Chicago an consistin lairgely o African-American memmership, the gang is considered vera mobile, wear the colour reid, an factions o the gang are bein established throughoot the Mid-wastren Unitit States. See, e.g., United States v. Hardamon, 188 F.3d 843, 849 (7th Cir.1999). 28: "There will be no getting hi or drinking on the line." And rule No.. The collective name of joined gangs under the five point star banner (V.L.,B.P.S.,L.K., M.C.,4.C.H.,). 28: "There will be no getting hi or drinking on the line. All rights reserved. On appeal, both Hankton and Davis argue that their respective sentences should be vacated as unconstitutional under the Sixth Amendment citing the district judge's belief that application of the guidelines was mandatory as well as the judge's subsequent enhancement of their sentences on facts which were neither proven to a jury beyond a reasonable doubt nor admitted by the appellants. 2D1.1. After all, a sentencing court in making its sentencing determination must draw inferences from a variety of data, including the defendant's demeanor and information in the [presentence report], in order to reach [its] conclusion. See United States v. Frazier, 213 F.3d 409, 417 (7th Cir.2000) (quoting United States v. Fones, 51 F.3d 663, 665 (7th Cir.1995)). Davis also challenges the enhancement of his sentence under 3B1.1(b) for being a manager or supervisor (but not an organizer or leader) in the criminal activity on identical grounds. 27. . 26. Please try again. Indeed, the federal criminal code makes clear that: No limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and consider for the purpose of imposing an appropriate sentence. 18 U.S.C. The rules, chock-full of mispellings and street slang, aren't contained in a tidy corporate packet or posted on a store bulletin board.
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