A pen register is usually installed at a central telephone facility [and] records on a paper tape all numbers dialed from [the] line to which it is attached. 843(b) and 18 U.S.C. UNITED STATES of America, Plaintiff-Appellee, v. Clarence HANKTON and Gregory Davis,1 Defendants-Appellants. They are members of the People Nation in Illinois prisons. See U.S.S.G. Five others remain fugitives. 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. 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). All rights reserved. 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. 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. 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. 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. 841(a)(1). 738, 160 L.Ed.2d 621 (2005). 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. 3. 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. 841 and 846. 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. 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. Subtracting 3 points for Hankton's acceptance of responsibility, see U.S.S.G. 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.". The Mickey Cobras now have their written constitution and by-laws, which, like the modern-day BPSN, have a strong Islamic influence. Bell pleaded guilty and was sentenced to 40 years in prison, while the other two enforcers--Jamaine Jackson and Carl Williams--were convicted at trial and given 60-year prison terms each, according to Assistant State's Atty. Control means access to the profits from the drug trade. While it may be true that the sentencing judge primarily focused on Hankton's gang activities, there was good reason for doing so. 20. 14. In addition, Hankton was charged with four separate counts of distribution of cocaine base, in violation of 21 U.S.C. Robert Guthrie, a former gang-crimes investigator who now oversees the department's public housing unit. ", "They look at the buildings as their retail drugstore," said George Knox, a criminal justice professor at Chicago State University who has studied Chicago street gangs. 7. 738, 160 L.Ed.2d 621 (2005) and United States v. Paladino, 401 F.3d 471 (7th Cir.2005). 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. 17. There are 30,000 to 50,000 MS-13 members and associate members that is worldwide. 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. 6. On the high end, Hankton may have supplied Olden with as much as 1071 grams of crack (which is equal to 1 oz. (T. 1981, 1993). The district court's determination concerning a defendant's role in the offense is a finding of fact, subject to a clearly erroneous standard of review on appeal, United States v. Brown, 900 F.2d 1098, 1101 (7th Cir.1990), and this remains the case post-Booker. 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. "If anyone break these laws or house rules more than three time, the penalty will increase," rule No. See id. 30. Allowing an illegal sentence to stand would constitute a miscarriage of justice, see White, 406 F.3d at 835-36. See United States v. Smith, 3 F.3d 1088, 1099. 23. 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. Both in Prison and in the street gangs in CA. As Olden explained, Hankton would supply him with crack-essentially on credit-and then collect the proceeds from the sale of the crack from him at a later time. 1820, 40 L.Ed.2d 341 (1974). See id. 2. 841(a)(1). on Febuary 25, 1977 Mickey Cogwell was killed, The Gunmen were never found. Specifically, investigators learned that both Hankton and Davis held leadership roles in the MCs. 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). The Mickey Cobras are a lairge street gang affiliatit wi the naitionwide gang affiliation kent as the People Nation. However, as noted above, the relevant inquiry is not whether the plea agreements submitted at sentencing constituted hearsay, see Smith, 3 F.3d at 1100, but whether the plea agreements included a sufficient indicia of reliability to support [their] probable accuracy, Taylor, 72 F.3d at 543, which we conclude that they did. 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. 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. We disagree and believe this argument is misplaced. See id. See supra p. 3 n. 3 and accompanying text. 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. Both Hankton and Davis challenge the district court's enhancement of their sentences based on drug quantity. Contact us. 30 gang members would then be taken into custody. And no sitting down or horsing around while on duty. We simply cannot be sure. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Darin testified as to a series of taped wiretap colloquies between Hankton and Davis about the proper way to cook or convert powder cocaine to crack cocaine.24 For example, during one of the taped consultations Davis acknowledges that he successfully cooked at least one ounce of cocaine that day and was fittin' [sic] to do more. In the same conversation Davis states that earlier in the day he had procured an additional dry nine or nine ounces of powder cocaine in hopes of perfecting his crack producing skills. 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. 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. A.Validity of Davis and Hankton's Sentencing Enhancements. 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. 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. 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)). 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. 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. The gang is considered very mobile, and its colors are green, black, and red. 13. 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. Andrew Martin and Tribune Staff Writer. 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. 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)). 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. 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. It even cites the court case-Miranda vs. Arizona. 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)). They changed their name to Cobra Stones in the late 1960s. 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. 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. The co-defendants' plea agreements submitted at Davis' sentencing demonstrated that Davis was in the habit of distributing crack cocaine. 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. At Davis' sentencing hearing, the government began by calling Agent Darin to the stand as the first witness in support of the contention that Davis' sentence should be enhanced for the possession with the intent to distribute 50 to 150 grams of crack cocaine. 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. The Mickey Cobras back in 1954 until 1960 were known as the Egyptian Cobras. See Parra, 402 F.3d at 762. See United States v. Paladino, 401 F.3d 471, 481 (7th Cir.2005). Which would make his base offense level 32. "They don't want any trouble . 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. We review the district court's application of the Sentencing Guidelines de novo. 6A1.3); see also United States v. Hardamon, 188 F.3d 843, 849 (7th Cir.1999) (stating that during the sentencing phase of a criminal proceeding the rules of evidence do not apply and the sentencing judge is free to consider a wide range of evidence including hearsay.). 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. Dodge city is not active anymore but they were notorious back in the day. Id. 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. 28: "There will be no getting hi or drinking on the line. 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)). 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. Made public recently by police sources, the sheets outline how gang members should behave while peddling drugs in the Robert Taylor Homes. 841(a)(1) (Count VI). 29. "He's got the props. 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. In particular, Ngaya Brunner admits to purchasing approximately 10 and one-half grams of crack from Davis. 11. 14 for the Mickey Cobras is "There will be no more paying brothers and sisters to do your security." Rule No. Cuisine: American Neighborhood: Los Feliz Website: www.shuttersonthebeach.com 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). 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. 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. See United States v. Schmeilski, 408 F.3d 917, 920 (7th Cir.2005). 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).
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