While it may be true that the sentencing judge primarily focused on Hankton's gang activities, there was good reason for doing so. Matt Brandon of the CHA tactical unit. Not only do they give a vivid glimpse into the world of gangs but also, law enforcement authorities say, underline how central the drug business has become in some Chicago gangs. As this court has held, the pre-Booker mandatory application of the sentencing guidelines ipso facto constitutes plain error. Around 1993-94 the various gangs in the Maniac Familia, led by the Manic Latin Disciples (MLD's) began having violent conflicts with . In 2006, multiple people died from overdose when a strengthened variant of heroin made its way into the houses. Notes [ edit] 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. See supra p. 7-9. See Barnes, 117 F.3d at 338. 10. Limit bathroom breaks to 15 minutes. See Salinas, 62 F.3d at 859. 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. Allowing an illegal sentence to stand would constitute a miscarriage of justice, see White, 406 F.3d at 835-36. In one conversation with a MCs associate, for example, Hankton is asked whether he got that butter?. In addition, the government contended that Hankton's offense level should be increased by 4 levels because the defendant was an organizer and leader of criminal activity that involved five or more participants, pursuant to U.S.S.G. 2D1.1(a)(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. As to the quantity of drugs Hankton should be held responsible for, it was the government's position that, pursuant to U.S.S.G. We review the district court's application of the Sentencing Guidelines de novo. Heroin laced with fentanyl has been. In accordance with Rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure Hankton pled guilty to three counts of distribution of crack cocaine, in violation of 21 U.S.C. 5. 15. They get lunch breaks, set time for shifts, are not supposed to socialize.". A pen register is a mechanical device that records the numbers dialed on a telephone by monitoring the electrical impulses caused when the dial on the phone is released. United States v. New York Tel. United States v. Giordano, 416 U.S. 505, 549 n. 1, 94 S.Ct. 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. 841(a)(1) (Counts II, III, IV, and V) and Davis was charged with knowingly and intentionally possessing with intent to distribute approximately 250 grams of cocaine in violation of 21 U.S.C. Introduced were the plea agreements of Davis, Woodrow Green, Jammah Olden, Rasuah Brunner, Ngaya Brunner, Timeka Murdock and Mekeba Gates. 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. 3. Hankton's plea agreement also set forth his disagreement as to the two enhancements proposed by the government under the sentencing guidelines: one concerning the drug quantity involved and another pertaining to Hankton's alleged leadership role in the offense. 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. Through the use of the cooperating witness, the FBI was able to conduct a number of controlled purchases of crack cocaine. Many of the 46 regulations read like a manual for fast-food employees or convenience-store clerks. The wiretap was granted pursuant to Title III of the Omnibus Crime Control and Safe Street Act of 1968, 18 U.S.C. Select a Rating! This evidence corroborates both the wiretap phone conversations as well as Agent Darin's testimony as to the substance of those phone calls in which Hankton solicited the purchase of large amounts of crack cocaine, e.g., telling Olden that he could supply him with a half, or a half an ounce of crack. See Sutton, 406 F.3d at 474. We disagree. The initial intercept ran from June 15 to July 14, 2000, when the warrant expired. 364, 54 L.Ed.2d 376 (1977). Hankton also claims that the district court erroneously double counted when imposing his sentencing enhancements because the court considered his leadership within the MCs street gang both to enhance his sentence for finding him responsible for distributing more than 500 grams of cocaine, under 2D1.1, and for being an organizer or leader of a criminal activity, under 3B1.1. Armed with this information, the government obtained arrest warrants for 19 individuals connected with the MCs and, on January 2, 2001, Hankton and Davis were apprehended on allegations of conspiring to possess cocaine and crack with the intent to distribute, in violation of 21 U.S.C. Furthermore, Agent Darin also testified as to Davis' role as a manager/supervisor in the MCs drug operations. Notes [ edit] I've caught them as young as 12 on the line.". Thus, [s]o long as the information which the sentencing judge considers has sufficient indicia of reliability to support its probable accuracy, the information may properly be taken into account in passing sentence. United States v. Robinson, 164 F.3d 1068, 1070 (7th Cir.1999) (quoting United States v. Taylor, 72 F.3d 533, 543 (7th Cir.1995)). 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 . See, e.g., United States v. Sutton, 406 F.3d 472, 474 (7th Cir.2005). 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. "It's a fallacy that they put on paper that you have to be 16 on the line. 11. Yeah the cobras are deep in the low end. Authorities said the charges marked the first time the gang has been targeted in a major federal prosecution. of crack every four or five days over a period of five months). As the district court concluded, given the entirety of the government's submission, [Agent Darin's testimony] is reliable evidence and should be given substantial weight by the court [i]t is corroborated [i]t all ties together. As a result of information provided by Gatlin, Arthur Hurd Fraction began selling crack cocaine in Chicago at age 14 for the Gangster Disciples gang. They changed their name to Cobra Stones in the late 1960s. Hankton's claim of impermissible double counting finds no support in the record, much less the voluminous amount of case law on this subject. A seller must turn over the proceeds from one pack before he can get another to sell, the rules state. . The collective name of joined gangs under the five point star banner (V.L.,B.P.S.,L.K., M.C.,4.C.H.,). 2. A central theme to the Mickey Cobras' rules is respect for the drug customer. http://www. Five others remain fugitives. 8,000 to 10,000 that lives in the United States of America. In addition, the district judge specifically found Agent Darin to be a credible witness, a determination which bolstered the judge's decision that Darin's testimony concerning the wiretap conversations was reliable. Made public recently by police sources, the sheets outline how gang members should behave while peddling drugs in the Robert Taylor Homes. 53rd and state was the most notorious MC set but of course they're long gone. You must be 16 years old to work "on the line." The gang has existed since the late 1960s, boasts an estimated 1,000 to 1,500 members in Chicago and is described by authorities as violent, well-organized and actively involved in selling powder and crack cocaine on the West and North Sides. The area around the buildings, at 5326 S. State St., 5322 S. State St. and 5323 S. Federal St., is known as "The Hole. The Mickey Cobras are a large street gang affiliated with the nationwide gang alliance known as "People" and based in Chicago. 27. 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. The five-point star banner's collective name for joined gangs. R. Evid. 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. 2518(1)(b) & (c). 30. As this court held in United States v. Torres-Ramirez, credible corroborating testimony is sufficient to provide hearsay evidence, such as the plea agreements and the statements therein, with an indicia of reliability and satisfies the defendant's entitlement to have his sentence determined based on reliable evidence. They are members of the People Nation in Illinois prisons. ", Rule No. However, as stated above, the rules of evidence do not apply during sentencing proceedings and hearsay is not only an acceptable basis for a sentencing determination, United States v. Smith, 3 F.3d at 1100, it is often an integral part of the sentencing process. Badger, 983 F.2d at 1459. 4655 Hollywood Blvd Los Angeles, CA 90027 (Map & Directions) Phone: (323) 669-3922. Thus, because the plea agreements submitted at sentencing were corroborated by the credible testimony given by Agent Darin, as well as the live testimony of co-defendant Olden-both of which were subject to thorough cross-examination at sentencing-we hold that the sentencing judge did not err, much less commit clear error when considering this most reliable evidence when determining that Hankton was responsible for distributing in excess of 500 grams of crack cocaine pursuant to U.S.S.G. Brandon said the Mickey Cobras' rules "is just some attempt by the hierarchy to keep some sort of order. This is a highly deferential standard of review and we refuse to second-guess the sentencing judge. United States v. Cleggett, 179 F.3d 1051, 1059 (7th Cir.1999) (citing United States v. Garcia, 66 F.3d 851, 856 (7th Cir.1995)). Bearing upon this was testimony given by a number of prosecution witnesses who confirmed Hankton's involvement in the murder of Annette Williams, a fellow member of the MCs, in April of 2004. The LA Eme is a Hispanic Organized crime. In determining reliability we consider the totality of the evidence before the sentencing judge, United States v. Span, 170 F.3d 798, 803 (7th Cir.1999), but a sentencing determination may be premised on any basis supported by the record. As such, the defendant must have exercised some degree of control over others involved in the commission of the offense or he must have been responsible for organizing others for the purpose of carrying out the crime. Id. 843(b) and 18 U.S.C. 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. The Egyptian Cobras formed in the year 1954 on Chicago's west side on the corner of Roosevelt and Maxwell. metric-conversions.org/. Fraction and eight of the 11 codefendants charged in the complaint are or have been affiliated with the Vice Lords, the Black P Stones, and the Mickey Cobra Stones, all of which are subgroups of the Chicago-based People gang. Gatlin was murdered because he provided information to the police about the murder of Tony Dawson, a previously unsolved homicide in Minneapolis. Olden testified that eventually Hankton became King of the north side of the city. Cuisine: American Neighborhood: Los Feliz Website: www.shuttersonthebeach.com Rather, the "House Rules" for the Mickey Cobras street gang are handwritten on five pages of plain paper and were found by police stuffed in the pockets of several members who accused of selling crack cocaine. He joined in 1978 when he was eight years old and left the gang in 1996. Subtracting 3 points for Hankton's acceptance of responsibility, see U.S.S.G. Sellers are allowed to have "a 60-sack on the line," meaning 60 small bags of cocaine in one pack, Guthrie said. 738, 160 L.Ed.2d 621 (2005). The gang long has controlled the area of the Hole, though most of the other buildings in Robert Taylor are the turf of their rival, the Gangster Disciples. The statements did suggest that the original order to issue Williams a beating may have emanated from, or been approved by, a higher authority in the gang; however, A and B agree that the order to beat Williams came to them directly from Hankton. 2D1.1 and 3B1.1 to his sentence constituted improper double counting. They were originally known as the Cobrastones, and were formed in the Robert Taylor Homes in the early 1960s. "And they really do have elaborate procedures.". The disparate nature of behavior addressed under each enhancement, without more, suggests that impermissible double counting pursuant to those particular enhancements would be most unlikely. Thus, since 2D1.1 and 3B1.1 address different conduct and because the trial judge did not rely on Hankton's leadership role in the MCs to enhance his sentence pursuant to 2D1.1, there was no improper double counting and Hankton's claim fails in this regard. 28. Only if a defendant shows that the information before the court was inaccurate, and that the court relied on it can the defendant successfully challenge his sentence. United States v. Smith, 3 F.3d 1088, 1099 (quoting United States v. Johnson, 997 F.2d 248, 254 (7th Cir. 4. This evidence was fully corroborated by the testimony of Agent Darin, which the sentencing judge expressly found to be credible. 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. On appeal, both men challenge the district court's application of the guidelines to their sentences and claim that they are entitled to be re-sentenced in accordance with the Supreme Court's decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. We disagree. 841(a)(1). Following Agent Darin's testimony, the government introduced Davis' plea agreement as well as the plea agreements of the other co-defendants. 22. 1820, 40 L.Ed.2d 341 (1974). In fact, 2D1.1 and 3B1.1(a) are premised on entirely different conduct; for while an individual may be found to have distributed a certain quantity of drugs making him eligible for a sentence enhancement under 2D1.1, he need not be a leader or organizer of a criminal activity, as described by 3B1.1, to do so. As Charles explained, Hankton held the position of don or foreman of the MCs at the Cabrini-Green housing project where Williams lived, and had the authority to order a violation of this kind. "The Horatio Alger of today is the gang leader," said Knox, referring to the 19th Century author made famous by his stories of rags-to-riches success. 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.. 8-9; see also U.S.S.G. 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. The authors have spent decades investigating gangs as well as researching their history and activities, and . Instead, all of the evidence presented-as well as commonsense-suggest that, in fact, Hankton's gang activities were intimately, related to and intertwined with, his drug distribution activities. As explained infra, the rules of evidence do not apply at sentencing, thus the judge's decision to consider the code language testimony given by Agent Darin was squarely within his discretion. Even a conservative estimate of the amount of cocaine Hankton supplied Olden with amounts to approximately 4.6875 ounces or 134 grams of crack cocaine (which is equal to Hankton supplying Olden with 1/8 oz. Indeed, it would be antithetical to consider these to be mutually exclusive endeavors. The District Court's Determination of Hankton's Drug Quantity. 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. The Mickey Cobras' drug operation is set up so that shifts of "security" patrol the lobby area, acting as lookouts for police or anyone else who might interfere with drug sales, according to police and the list of rules. A fact-finder must always draw inferences from veiled allusions and code words. 841(a)(1) (Count VI). 25. Like many of Chicago street gangs, the Mickey Cobras have a long history. 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. Said differently, Hankton takes issue with the sentencing judge's focus on his leadership conduct which he claims is unrelated to the underlying crime of distribution of a controlled substance. During the mid 1950s the Egyptian Cobras fought heavily with a gang called the 14th Street Clovers. "The leaders of street gangs should understand we know who they are, we know how to catch them and we're going to continue to be coming after them," Lassar told reporters. In at least one of those conversations Davis states that he purchased powder cocaine specifically for the purpose of further processing it in order to manufacture and distribute the resulting crack. Hardamon, 188 F.3d at 849-50 (quoting United States v. Gerstein, 104 F.3d 973, 978 (7th Cir.1997)). Juwan Gatlin was a member of a street gang known as the Mickey Cobras. 17. Reversal will be warranted only if, after reviewing the entire evidence, we are left with the definite and firm conviction that a mistake has been made. United States v. Sheikh, 367 F.3d 683, 687 (7th Cir.2004) (quoting United States v. Frazier, 213 F.3d 409, 417 (7th Cir.2000)). Also, Hankton and Davis were each charged with additional counts; Hankton was charged with knowingly and intentionally distributing over 150 grams of crack cocaine in violation of 21 U.S.C. Take this excerpt from the Vice Lord constitution: "Every member of the Amalgamated Order of Lordism will at all times maintain him or herself within the Code of Conduct Chain of Command, and the principals of law in the highest manor.". 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. Further, even if we were to assume, arguendo, that the testimony given by Agent Darin as well as the co-defendants' plea agreements was unreliable, the live testimony of Jammah Olden, without more, supported-or at the least lent great credence to-the conclusion that Hankton distributed in excess of 500 grams of crack cocaine. Co., 434 U.S. 159, 161 n. 1, 98 S.Ct. 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. Put simply, a district court may not characterize the same conduct in two different ways to arrive at two separate sentence enhancements that result in an upward adjustment of the sentencing range. The gang's various criminal undertakings were coordinated through a hierarchical-type infrastructure and included, but were not limited to, the possession and distribution of powder cocaine and cocaine base (better known as crack).3. (T. 1993, 2223, 3194). David Kelley. According to Olden's testimony, which was unrebutted at sentencing, it was reasonable for the district court to conclude that Hankton personally distributed between 134 and 1071 grams of crack cocaine, to Olden alone, in the space of just these five months.26 See Salinas, 62 F.3d at 859; see also United States v. Durham, 211 F.3d 437, 444 (7th Cir.2000) (stating that estimates of drug quantity are acceptable if they are based on evidence possessing a sufficient indicia of reliability and not nebulous eyeballing). 738, 160 L.Ed.2d 621 (2005) and United States v. Paladino, 401 F.3d 471 (7th Cir.2005). 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. "Prentis Smith testified that he was a former member of the Mickey Cobra street gang. Specifically, Hankton argues that: (a) statements made by government witnesses at sentencing constituted unreliable hearsay and should not have been considered; and Hankton and Davis argue that (b) the introduction of plea agreements signed by co-defendants in the case also qualified as unreliable hearsay evidence and likewise should not have been considered. "If there's no rules, no one knows what's going on. In a nine count superseding indictment issued on May 15, 2002, the grand jury charged both Hankton and Davis with participating in a conspiracy to possess with intent to distribute and to distribute in excess of 500 grams of cocaine and in excess of 50 grams of [crack cocaine] (Count I) and using communication devices in committing the conspiracy (Count VII) in violation of 21 U.S.C. 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.
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