On the record before us, we cannot ascertain with any exacting degree of certainty whether the sentencing judge would have imposed identical sentences for Hankton and Davis had he known that the sentencing guidelines were not mandatory at the time. Copyright 2023, Thomson Reuters. Knox and gang investigators said lists like the one belonging to the Mickey Cobras are not uncommon among street gangs. 8,000 to 10,000 that lives in the United States of America. R. Evid. "The dope and the money-making is more important than the brotherhood," said Cmdr. Torres-Ramirez, 213 F.3d at 980-81. 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. 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. Which would make his base offense level 32. Olden testified that eventually Hankton became King of the north side of the city. The government concluded that, because Hankton had admitted to distributing 156 grams of cocaine and because the plea agreements attributed at least an additional 344 grams of crack to him, it was reasonable to conclude from the evidence presented at sentencing that he had distributed in excess of 500 grams of cocaine for the purposes of U.S.S.G 2D1.1. "And they really do have elaborate procedures.". (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 government estimated that, based on Agent Darin's testimony and the wiretap evidence alone, Hankton was responsible for distributing approximately 456 grams of crack cocaine.16, Agent Darin also testified concerning Hankton's ascension from the role of don, the title he held in the mid-1990s, to King, the title he held from 1999 to 2001. Matt Brandon of the CHA tactical unit. 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. 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). 29. 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. As the King, Hankton was responsible for everything from the direction of the conversion of powder cocaine into crack to the organization of the gang's basketball games. . We simply cannot be sure. 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. All customers entering the building must be searched. Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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)). See U.S.S.G. 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. It is consistent with what the court has heard as the various defendants have entered their pleas of guilty. We agree with this assessment. 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. See supra p. 19-20. 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. Heroin laced with fentanyl has been. 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. Sellers are allowed to have "a 60-sack on the line," meaning 60 small bags of cocaine in one pack, Guthrie said. 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. 843(b) and 18 U.S.C. The Cobras also moved into the cluster of three buildings in the Washington Park neighborhood at 53rd and State, these buildings were: 5326, 5323 1:30. 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. While it may be true that the sentencing judge primarily focused on Hankton's gang activities, there was good reason for doing so. metric-conversions.org/. 364, 54 L.Ed.2d 376 (1977). Another defendant was already incarcerated in Cook County Jail on unrelated charges. 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. 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. (T. 1981, 1993). In a number of those plea agreements, the defendants admit purchasing crack cocaine from Davis. We disagree. The co-defendants' plea agreements submitted at Davis' sentencing demonstrated that Davis was in the habit of distributing crack cocaine. Nonetheless, Hankton argues that the sentencing judge's mention of his leadership role in the organization while finding that he was also eligible for a sentence enhancement for distributing more than 500 grams of cocaine under 2D1.1 constituted impermissible double counting. 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. In a superseding indictment dated May 15, 2002, Clarence Hankton, Greg Davis and six other co-conspirators were charged in the United States District Court for the Central District of Illinois with conspiracy to possess with intent to distribute cocaine and cocaine base, in violation of 21 U.S.C. 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. 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' 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. ", Rule No. 846 and 18 U.S.C. According to metric-conversions.org, .375 ounces equates to approximately 10.63107 grams. "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. 841(a)(1). Rule No. 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. 31: "There will be no breaking into apartment or vacant apartment in the building.". Cocaine base, better known as crack cocaine, is produced by cooking or mixing powder cocaine (cocaine hydrochloride) with sodium bicarbonate and boiling the mixture until left with a rocklike formation of pure crack cocaine (cocaine minus the hydrochloride). 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. An extension was applied for and granted on July 20, 2000, and allowed continued surveillance through August 18, 2000. 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. 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. The rules, chock-full of mispellings and street slang, aren't contained in a tidy corporate packet or posted on a store bulletin board. 8. Both Hankton and Davis challenge the district court's enhancement of their sentences based on drug quantity. For example, the government was unable to obtain conclusive information about Hankton and Hankton's associates without arousing suspicion. Additionally, the use of undercover agents [was determined to] be impractical and dangerous due to the highly suspicious' nature of the alleged offenders.. To support the proposed guidelines enhancements, the government presented evidence detailing Hankton's role as a leader or organizer within the MCs organization. See United States v. Smith, 3 F.3d 1088, 1099. 5. An FBI-led task force and Chicago police arrested Hankton and 12 of the other suspects Thursday. See, e.g., United States v. Von Loh, 417 F.3d 710, 712 (7th Cir.2005). We disagree and believe this argument is misplaced. 3B1.1(b). 30. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. The rules state that one gang member on "security" patrols the front door of the building, while the other mans the back door. This evidence was fully corroborated by the testimony of Agent Darin, which the sentencing judge expressly found to be credible. Meanwhile, Davis held the position of Sultan Supreme, a lieutenant and leader of the MCs at a particular locale-in this instance the Lathrop Homes projects on the north-west side of the city. 3661. This increased the pressure on law enforcement to go after the gang. 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. . 2 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). He's got the Mercedes, and he's got a BMW too. 28: "There will be no getting hi or drinking on the line." And rule No.. 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. 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. (T. 1993, 2223, 3194). After a nine month undercover narcotics investigation, in January 1998 the Chicago Police Department arrested 31 Spanish Cobras in "Operation: Mongoose", including some gang leaders. We do however order a Limited Remand of both Hankton and Davis' sentences in accordance with the procedure set forth in United States v. Paladino. 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. 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). Stay up-to-date with how the law affects your life. on Febuary 25, 1977 Mickey Cogwell was killed, The Gunmen were never found. At the conclusion of the hearing, the trial judge concluded that based on the plea agreements and testimony given at sentencing, Hankton could have reasonably foreseen that the amount of [crack cocaine] he was dealing was well in excess of 500 grams, and could reach even beyond 1.5 kilograms. Indeed, the District Judge determined that the recorded [Title III] calls alone take the amount well beyond the 500-gram minimum.20 Moreover, citing the live testimony and the physical evidence confiscated from Hankton's residence (such as correspondence identifying Hankton as King), the court found that [Hankton] [was] one of several organizers and one of several leaders within [the] structured criminal organization and that he exercised control and power over other members of the gang and felt a four level leadership enhancement to Hankton's sentence was warranted pursuant to U.S.S.G. "If there's no rules, no one knows what's going on. 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. 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. 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. "But none of the kids abide by it," he said. 12. Both men also contend that the district court erroneously enhanced their sentences based on insufficient and unreliable evidence. 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. 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. 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. 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. To corroborate Detective Charles' testimony, the government introduced sworn statements from two sub rosa government witnesses, identified in the record only as A and B.12 In their statements both witnesses identify Hankton as the don or leader of the MCs at Cabrini-Green. United States v. Booker, 543 U.S. 220, 125 S.Ct. The rationale for this is clear: The sentencing stage of a trial is one of the most important parts of the criminal process. Gatlin was murdered because he provided information to the police about the murder of Tony Dawson, a previously unsolved homicide in Minneapolis. Hankton's claim of impermissible double counting finds no support in the record, much less the voluminous amount of case law on this subject. 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). 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. 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. Thf 44 is also very deep and they also rep cobra heavily. 4. 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. 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. 3B1.1(a). View Menu. See United States v. Barnes, 117 F.3d 328, 337 (7th Cir.1997). 2. 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. Please try again. Limit bathroom breaks to 15 minutes. In one conversation with a MCs associate, for example, Hankton is asked whether he got that butter?. Although not dispositive as to his role as a leader in the organization, Hankton is referred to in the record first as don (during the late 1990s) and then as king (beginning in 1999). 53rd and state was the most notorious MC set but of course they're long gone. 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. 15. Select a Rating! Meaning that, without anything more, evidence of drug transactions referenced in the telephone recordings that Agent Darin testified concerning was sufficient to attribute over 500 grams of crack cocaine to Hankton under the sentencing guidelines. 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. 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. In order to corroborate Agent Darin's testimony, the prosecution called one of Hankton's co-defendants, Jammah Olden. 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. of crack cocaine every four days over a period of five months). Where different aspects or components of the defendant's behavior are addressed by different enhancements, improper double counting has not occurred. 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)). 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. [1] 738, 160 L.Ed.2d 621 (2005). During the mid 1950s the Egyptian Cobras fought heavily with a gang called the 14th Street Clovers. 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). David Kelley. 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. 18. Furthermore, Agent Darin also testified as to Davis' role as a manager/supervisor in the MCs drug operations. Last summer, Hilbring recalled, officers seized an instruction list that a West Side gang was passing out to its drug customers. 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. Many of the 46 regulations read like a manual for fast-food employees or convenience-store clerks. 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. of crack every four or five days over a period of five months). 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. 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. Report to work on time. 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)). 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. 841(a)(1) (Count VI). 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. 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. "He's got the props. During the investigation, the FBI temporarily used a member of the MCs to serve as a cooperating witness. 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. 24. See Sutton, 406 F.3d at 474. A central theme to the Mickey Cobras' rules is respect for the drug customer. 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. a. 28. . 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. The evidence presented at sentencing did not separate Hankton's activities into two distinct categories of: (1) gang activities; and (2) drug activities. 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. 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. 23. 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. June 16, 1993)). United States v. Giordano, 416 U.S. 505, 549 n. 1, 94 S.Ct. See id. 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. 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. 8-9; see also U.S.S.G. But a Chicago Housing Authority sergeant who works in the Robert Taylor Homes said despite the sophistication of the drug trade, rules and bylaws created by imprisoned gang leaders are routinely violated on the street. See U.S.S.G. 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. 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. 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. The BPSN and MCN nations later went to war after the cobras blamed jeff fort for the hit. A seller must turn over the proceeds from one pack before he can get another to sell, the rules state. You must be 16 years old to work "on the line." 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.
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