See United States v. Puckett, 405 F.3d 589, 597 n. 8 (7th Cir.2005); United States v. Edwards, 397 F.3d 570, 574 (7th Cir.2005). Juwan Gatlin was a member of a street gang known as the Mickey Cobras. In addition, we reject Hankton's claim that the sentencing judge's application of U.S.S.G. They changed their name to Cobra Stones in the late 1960s. 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. 4655 Hollywood Blvd Los Angeles, CA 90027 (Map & Directions) Phone: (323) 669-3922. The MS-13 is well known for their violent Behaviors. Because neither Hankton nor Davis raised a Booker issue before the district court our review is for plain error only. What's more, the evidence submitted at sentencing was internally consistent with the totality of the evidence in the record and various aspects of that evidence corroborated other aspects. on Febuary 25, 1977 Mickey Cogwell was killed, The Gunmen were never found. 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. Which would make his base offense level 32. As this court has previously noted [i]t is well known that drug dealers commonly use code language out of fear that their conversations will be intercepted. United States v. Harris, 271 F.3d 690, 702 (7th Cir.2001). 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. 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. As a result of information provided by Gatlin, Arthur Hurd Factions of the gang are being established throughout the Midwestern United States. 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. 53rd and state was the most notorious MC set but of course they're long gone. 3B1.1(a) of the Guidelines.21 The district judge, after hearing and weighing the totality of the evidence, sentenced Hankton to 300 months imprisonment, which fell in the middle of the applicable guidelines range of 262 to 327 months. 26. An FBI-led task force and Chicago police arrested Hankton and 12 of the other suspects Thursday. See United States v. White, 406 F.3d 827, 835 (7th Cir.2005); United States v. Castillo, 406 F.3d 806, 823-24 (7th Cir.2005). 3661. We disagree. The rules state that one gang member on "security" patrols the front door of the building, while the other mans the back door. 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 addition, the judge agreed to maintain the two witnesses statements under seal on the similar grounds. Olden also explained that in 1997, Hankton held the position of Don of Dons of the Cabrini Green projects on the north side of the city of Chicago, a position granting Hankton authority over other gang members. See Barnes, 117 F.3d at 338. And no sitting down or horsing around while on duty. 27. 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. . Made public recently by police sources, the sheets outline how gang members should behave while peddling drugs in the Robert Taylor Homes. Hankton next claims that it was clear error for the district court to determine that he was an organizer or leader of a criminal activity pursuant to 3B1.1(a) of the Guidelines. Specifically, he claims that notwithstanding evidence that he held a high rank in the MCs, his role in that organization did not make him a leader or organizer in a drug distribution offense. Hankton stresses that his rank in the MCs alone did not translate into leadership responsibility, much less control over the gang's drug distribution activities. 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. All customers entering the building must be searched. 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. Fraction began selling crack cocaine in Chicago at age 14 for the Gangster Disciples gang. Gutta cobras (including) thf44 in the lowend probably the deep spot for cobras but they not . Indeed, the district court's imposition of a sentence in the middle of the range for Hankton, see supra p. 13, and at the lower-end of the range for Davis, see supra p. 16, may be an indication that, having been vested with greater discretion, the judge may well have imposed a sentence lighter than that required by the guidelines. 20. 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. Accordingly, consideration of any additional amounts attributable to him via his leadership role in the MCs was superfluous.30. 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)). Dodge city is not active anymore but they were notorious back in the day. In order to corroborate Agent Darin's testimony, the prosecution called one of Hankton's co-defendants, Jammah Olden. The collective name of joined gangs under the five point star banner (V.L.,B.P.S.,L.K., M.C.,4.C.H.,). 9. View Menu. Gang investigators over the years also have confiscated edicts from imprisoned gang leader Larry Hoover, the "chairman" of the state's largest street gang, the Gangster Disciples, Knox said. Thus, because Agent Darin's credible testimony corroborated the information contained in the co-defendants' plea agreements, the sentencing court did not err in finding that evidence reliable in concluding that Davis was responsible for possessing with the intent to distribute 50 to 150 grams of crack cocaine.27, B.Hankton's Leadership Role in the Offense. There, he said, teenage gang members are more interested in their own pocketbook than gang loyalty. We disagree and believe this argument is misplaced. 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.". Stay up-to-date with how the law affects your life. The memo begins by reminding "all brothers of the struggle" about the story of the duck: "If any of you have ever had the opportunity to go on a hunting trip (in the free world) before being locked up, then you know full well that if the duck had kept his mouth shut, instead of quacking, he wouldn't have given his position away and, naturally, wouldn't have been our dinner.". 841(a)(1) (Count VI). Nonetheless, testimony from Chicago Police Detective Charles, as well as Agent Darin and Jammah Olden illustrated the power over the drug trade and gang activities that the title afforded Hankton. 2. Matt Brandon of the CHA tactical unit. Hankton's role as King was also supported through Agent Darin's description of physical evidence that was confiscated from Hankton's residence upon a search warrant-such as letters calling Hankton the King, statues of cobras wearing crowns and jewelry of crowns-all referring to Hankton's leadership position in the gang as the King of Kings.. In this case the jury was confronted with conversations which contained code words that, when considered in isolation, might seem unclear, veiled and almost nonsensical, but when analyzed properly, in the context of the totality of the evidence, can clearly be seen to be code words for drugs It is true that, advisedly, no explicit mention was ever made of cocaine or other drugs in any of Vega's conversations with the Zambranas. Imo..I think Maniac Cobras don't mess with other Mickey Cobra sets near them and I guess they don't go under the 5 (.. or they don't have structure and plus they only have love for their OWN set than any other sets.. like 051 for example. He's got the Mercedes, and he's got a BMW too. 3. In addition, Hankton also claims that the district court erroneously double counted by relying on his leadership role in the offense to enhance his sentence under 3B1.1 and 2D1.1. Cuisine: American Neighborhood: Los Feliz Website: www.shuttersonthebeach.com Following Agent Darin's testimony, the government introduced Davis' plea agreement as well as the plea agreements of the other co-defendants. 1781, 152 L.Ed.2d 860 (2002). What's more, Detective Charles testified that he personally witnessed Hankton standing with several other men in the parking lot of Williams' building at 1150-60 North Sedgwick Street, from 8:00-10:00 p.m. the evening of her murder. 5. UNITED STATES of America, Plaintiff-Appellee, v. Clarence HANKTON and Gregory Davis,1 Defendants-Appellants. "He's got the props. 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. 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. Knox's textbook, "An Introduction to Gangs," lists several gang constitutions, which are filled with rules, pseudo-religious ramblings and the expected problems with spelling. Agent Darin, a member of the FBI's joint gang task force and a trained drug traffic investigation agent, testified concerning Hankton's coordination of the drug trade for the MCs as well as his role as King or leader of the gang throughout the city in 2000 and 2001. 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. 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. See United States v. Smith, 3 F.3d 1088, 1099. See Salinas, 62 F.3d at 859. Violations of the instructions in the memo "most certainly will not be tolerated," the chairman and his board write in the memo. 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. This evidence was fully corroborated by the testimony of Agent Darin, which the sentencing judge expressly found to be credible. The record reflects that most of the large wholesale purchases involved powder, as opposed to crack, cocaine. 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. Hankton's claim of impermissible double counting finds no support in the record, much less the voluminous amount of case law on this subject. Introduced were the plea agreements of Davis, Woodrow Green, Jammah Olden, Rasuah Brunner, Ngaya Brunner, Timeka Murdock and Mekeba Gates. 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. What's more, Hankton's role as leader and organizer is rather persuasively illustrated by the fact that he had the power within the MCs organization to order the brutal beating and murder of one of the gang's members, Annette Williams. See United States v. Schmeilski, 408 F.3d 917, 920 (7th Cir.2005). 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. They are members of the People Nation in Illinois prisons. A central theme to the Mickey Cobras' rules is respect for the drug customer. 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. And gang members are forbidden from selling crack on the ground level of the building. 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. Furthermore, Agent Darin also testified as to Davis' role as a manager/supervisor in the MCs drug operations. Because we are convinced that the district court did not impermissibly consider unreliable evidence in enhancing Hankton or Davis' sentences for drug quantity and their respective leadership roles in the offense we uphold the validity of the sentencing enhancements imposed. 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. The co-defendants' plea agreements submitted at Davis' sentencing demonstrated that Davis was in the habit of distributing crack cocaine. 841(a)(1). See, e.g., United States v. Sutton, 406 F.3d 472, 474 (7th Cir.2005). 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). See United States v. Martinez, 289 F.3d 1023, 1028-29 (7th Cir.2002) (holding that reliability may be established by corroborating evidence). 1820, 40 L.Ed.2d 341 (1974). 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. In particular, Ngaya Brunner admits to purchasing approximately 10 and one-half grams of crack from Davis. The gang, called the Mickey Cobras, also sold crack cocaine, marijuana and the potentially lethal prescription painkiller fentanyl, according to authorities. They don't want the heat. See Sutton, 406 F.3d at 474. See supra pp. http://www. 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. While it may be true that the sentencing judge primarily focused on Hankton's gang activities, there was good reason for doing so. The rules make it clear that activities normally associated with gangs, like graffiti and fighting, are not acceptable while drugs are being sold, he said. of crack every four or five days over a period of five months). 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 dope and the money-making is more important than the brotherhood," said Cmdr. Sellers are allowed to have "a 60-sack on the line," meaning 60 small bags of cocaine in one pack, Guthrie said. 29. ", Rule No. The district court sentenced Davis at the low end of the sentencing range and ordered that he be imprisoned for 210 months. The gang has distributed narcotics since the late 1960s . The wiretap was granted pursuant to Title III of the Omnibus Crime Control and Safe Street Act of 1968, 18 U.S.C. 841(a)(1), and Davis was charged with possession with intent to distribute cocaine, also in violation of 21 U.S.C. 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. Davis disagreed with each of the proposed enhancements, in the plea agreement, reserved his right to argue his position at sentencing. 738, 160 L.Ed.2d 621 (2005). 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. 2518(1)(b) & (c). We uphold the validity of both Hankton and Davis' sentence, but remand to the district court for further consideration as mandated by this court's decision in United States v. Paladino, 401 F.3d 471 (7th Cir.2005). Also, the district court did not rely solely on witness testimony concluding that Hankton was responsible for distributing more than 500 grams of crack. Nonetheless, the government insisted that based on [Hankton's] offense conduct and relevant conduct he was actually responsible for distributing more than 500 grams of crack, which would result in an offense level of 36. See United States v. Schmeilski, 408 F.3d 917, 919 (7th Cir.2005). The founder of the Egyptian Cobras was James Cogwell. Co., 434 U.S. 159, 161 n. 1, 98 S.Ct. Following the arrests, on July 3, 2001, Hankton and Davis, along with six9 other individuals, were indicted inter alia on drug conspiracy and drug possession charges.10 As discussed infra, Hankton and Davis entered into separate plea agreements with the government and each of them admitted facts sufficient to establish criminal liability beyond a reasonable doubt. 843(b) and 18 U.S.C. Although they very well could have been considered. 30 gang members would then be taken into custody. David Kelley. Chicago Police Detective Kenneth Charles, one of the officers charged with investigating Williams' murder and a court recognized expert on the MCs, related information that he uncovered which led him to believe that Hankton had ordered the beating that resulted in Williams' death.
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