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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. The district court sentenced Davis at the low end of the sentencing range and ordered that he be imprisoned for 210 months. Many of the 46 regulations read like a manual for fast-food employees or convenience-store clerks. 843(b) and 18 U.S.C. 28: "There will be no getting hi or drinking on the line. 3B1.1 n. 1 (In distinguishing a leadership role from one of mere management or supervision, titles such as kingpin or boss are not controlling.). 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). ", And rule No. Dodge city is not active anymore but they were notorious back in the day. See supra p. 13. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. 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. 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). 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. 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. 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. 3E1.1, the government recommended that Hankton's requisite offense level should be 37 and that, due to the fact his criminal history category was at level III, the appropriate sentencing range was 262 to 327 months. 29. Please try again. 25. 841 and 846. See supra p. 19-20. When determining the drug quantity attributable to Hankton pursuant to 2D1.1 the judge specifically found that, considering the admissions of the defendant in the plea agreement as well as the evidence concerning the intercepted phone conversations, Hankton was responsible for distributing well beyond 500 gram[s] of crack. 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. 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). However, even where a plain error is found to exist, a court of appeals may exercise its discretion to notice a forfeited error only if the error seriously affects the fairness, integrity, or public reputation of judicial proceedings. United States v. Cotton, 535 U.S. 625, 631, 122 S.Ct. 8-9; see also U.S.S.G. Contact us. 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. In the last two decades, authorities said, they have confiscated typewritten gang bylaws and constitutions, rules for drug dealing, charts of gang hierarchy and a how-to guide for drive-by shootings. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 or toll free (877) 357-3317. 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. 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. 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. 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. In addition, it was the government's position that the plea agreements received in evidence demonstrated Davis' authority position in the MCs, citing references to him as Sultan Supreme or lieutenant in the gang and leader of the MCs at the Lathrop Homes. He joined in 1978 when he was eight years old and left the gang in 1996. Finally, over objection from defense counsel, the government introduced the plea agreements of seven of Hankton's co-defendants.19 In the plea agreements, which were signed and approved by each of the co-defendants and received into evidence at sentencing, the co-defendants describe receiving primarily crack cocaine from Hankton. 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. 1781, 152 L.Ed.2d 860 (2002). 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). An FBI-led task force and Chicago police arrested Hankton and 12 of the other suspects Thursday. 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. 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. 841(a)(1). "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. The co-defendants' plea agreements submitted at Davis' sentencing demonstrated that Davis was in the habit of distributing crack cocaine. 22. Notes [ edit] 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. The Spanish Cobras is a primarily, but not exclusively, . The fact that Davis called no witnesses at sentencing and failed to successfully discredit Agent Darin on cross-examination, however, evinces nothing more than a shortcoming in the presentation of his case and falls far short of establishing error on the part of the trial judge. The wiretap was granted pursuant to Title III of the Omnibus Crime Control and Safe Street Act of 1968, 18 U.S.C. . 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. 30 gang members would then be taken into custody. As recounted above, Olden testified that for a period of five months (between June and October of 2000) Hankton personally supplied him with individual distribution amounts of crack cocaine-ranging in quantity from one eighth of an ounce to one ounce-every three to four days. Stay up-to-date with how the law affects your life. 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. On the high end, Hankton may have supplied Olden with as much as 1071 grams of crack (which is equal to 1 oz. 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. They don't want the heat. 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. 11. 28: "There will be no getting hi or drinking on the line." And rule No.. View Menu. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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)). See id. In most gangs, Knox said, the street-level security and sellers are rewarded with some money, occasional parties and the hope of moving up the gang ladder. Learn more about FindLaws newsletters, including our terms of use and privacy policy. The trial judge concluded that Davis' base offense level was 32 along with five criminal history points, meaning that the appropriate sentencing range to be applied was 210 to 262 months. 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.". Smith was best friends with defendant's brother. 2D1.1(a)(4). 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. The gang has distributed narcotics since the late 1960s . See United States v. Barnes, 117 F.3d 328, 337 (7th Cir.1997). Mickey Cobras - Wikipedia One memo from "the chairman and the board of directors" and dated July 23, 1983, addresses an important gang edict: Don't talk to law enforcement interrogators. At a press conference that included officials from the FBI, Chicago police and the U.S. Bureau of Alcohol, Tobacco and Firearms, U.S. Atty. See, e.g., United States v. Morales, 994 F.2d 386, 388 (7th Cir.1993) (holding that [i]t is enough that more than one person was involved in the criminal activity and that the defendant played a leadership as distinct from a followership role) (citing United States v. Herrera, 878 F.2d 997 (7th Cir.1989)). We review the district court's determination of drug quantity and role in the offense, in the same manner as before Booker, for clear error. United States v. Sutton, 406 F.3d 472, 474 (7th Cir.2005) (citing United States v. Parra, 402 F.3d 752, 762 (7th Cir.2005)). 738, 160 L.Ed.2d 621 (2005) and United States v. Paladino, 401 F.3d 471 (7th Cir.2005). A and B's statements also unequivocally acknowledge that the order to beat or issue a violation to Williams-which resulted in her death-was issued by Hankton personally.13 They also related that the violation or beating was ordered because Williams had stolen some money from the gang. In 2006, multiple people died from overdose when a strengthened variant of heroin made its way into the houses. See id. 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. 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. See supra pp. For example, Agent Darin testified that as the king, Hankton was in charge of all the activities undertaken by the MCs on the north-side of the city, including the distribution of illegal narcotics. According to metric-conversions.org, .375 ounces equates to approximately 10.63107 grams. The court also considered the testimony of Detective Charles and the statements made by Witnesses A and B in determining that Hankton was indeed a leader of the criminal enterprise. 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. Mickey Cobras - Wikiwand TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Following Agent Darin's testimony, the government introduced Davis' plea agreement as well as the plea agreements of the other co-defendants. Mickey Cobras - Infogalactic: the planetary knowledge core Through the use of the cooperating witness, the FBI was able to conduct a number of controlled purchases of crack cocaine. 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. Juwan Gatlin was a member of a street gang known as the Mickey Cobras. Both in Prison and in the street gangs in CA. 14. (T. 1993, 2223, 3194). 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)). Select a Rating! See id. 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. "It's just like any other corporation," said Donald Hilbring, commander of the Chicago police gang unit. Olden stated that Hankton regularly supplied him with crack (not powder cocaine) which he was instructed to sell to others.17 Specifically, Olden testified that beginning in June of 2000 (until approximately October of 2000) Hankton had personally supplied him with amounts of crack cocaine ranging from one-eighth ounce to one-half ounce every three or four days. Although the plea agreements of the co-defendants may have constituted hearsay, see fed. 23. Furthermore, Agent Darin also testified as to Davis' role as a manager/supervisor in the MCs drug operations. The rationale for this is clear: The sentencing stage of a trial is one of the most important parts of the criminal process. In addition, Hankton was charged with four separate counts of distribution of cocaine base, in violation of 21 U.S.C. on Febuary 25, 1977 Mickey Cogwell was killed, The Gunmen were never found. It was allot of Cobra Stones but once Mickey died some stayed Stones,some became Mickey Cobras and some were King Cobras. whats the main difference between Mickey Cobras and Maniac Cobras This court has previously made clear that the control exerted by a defendant may either be direct or indirect in nature. 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. However, unlike Hankton, Davis does not claim that Agent Darin's testimony was unreliable. 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. 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. Robert Guthrie, a former gang-crimes investigator who now oversees the department's public housing unit. Was Thf Bayzoo Arrested In Chicago? Weapon Charges and Mugshots 12. 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. 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. 5. The authors have spent decades investigating gangs as well as researching their history and activities, and . Both men also contend that the district court erroneously enhanced their sentences based on insufficient and unreliable evidence. Days later in another conversation, Hankton asks Davis-who was apparently having problems cooking up some crack-whether he was cooking it on a stove or not, and Davis responds: No. Like the Cobras in Cabrini (the castle) were King Cobras and Mickey's. Then in the 90s to make it even worse Prince Money ( Mickey's son) flipped GD and allot of cobras went with him. 15. Thus, because Hankton was a leader of the MCs, and because the gang was primarily concerned with dealing illegal drugs, it was entirely reasonable and logical for the sentencing judge to infer that Hankton's role as leader of the gang was related to his distribution of crack cocaine.28. In order to assist the court in understanding Hankton's role in the drug trade, Agent Darin-based on his training and four years of experience with drug investigations-testified as to his interpretations of the conversations extracted from the FBI's wiretap recordings, which were replete with code language.14 Specifically, Darin provided background for a number of controlled drug purchases (from Hankton) conducted by the FBI15 and described admissions by the co-defendants that they purchased varying amounts of crack cocaine from Hankton. The rules state that one gang member on "security" patrols the front door of the building, while the other mans the back door.