The following day, Davis also agreed to plead guilty to possessing, with the intent to distribute, approximately 250 grams of cocaine, also in violation of 21 U.S.C. 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. 2D1.1(a)(4).23 In addition, the government maintained that Davis' offense level should also be increased by 3 levels because he qualified under the Guidelines as a manager or supervisor of a criminal activity involving more than five participants. 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. The Mickey Cobras are a large street gang affiliated with the nationwide gang alliance known as "People" and based in Chicago. 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. 53rd and state was the most notorious MC set but of course they're long gone. . See Salinas, 62 F.3d at 859 (stating that [e]ach member of a conspiracy is accountable for the amount of drugs with which he was directly involved, and for amounts involved in transactions that were reasonably foreseeable.). 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. Find something similiar nearby. See United States v. Sutton, 406 F.3d 472, 474 (7th Cir.2005) (citing United States v. Benitez, 92 F.3d 528, 538 (7th Cir.1996)). 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. This evidence was fully corroborated by the testimony of Agent Darin, which the sentencing judge expressly found to be credible. 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. 1820, 40 L.Ed.2d 341 (1974). 28. View Menu. Matt Brandon of the CHA tactical unit. Indeed, it would be antithetical to consider these to be mutually exclusive endeavors. 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. 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 corroborate Agent Darin's testimony, the prosecution called one of Hankton's co-defendants, Jammah Olden. 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. 14 for the Mickey Cobras is "There will be no more paying brothers and sisters to do your security. Clarence Hankton, identified by authorities as the gang's second-ranking leader, was charged as the lead defendant with 18 others in the narcotics conspiracy case and also indicted on murder conspiracy charges for the slaying of 24-year-old Annette Williams in 1994. The gang has distributed narcotics since the late 1960s . 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. Although the plea agreements of the co-defendants may have constituted hearsay, see fed. Rule No. Notes [ edit] Another defendant was already incarcerated in Cook County Jail on unrelated charges. The founder of the Egyptian Cobras was James Cogwell. In other words, we may correct such an error only if it is intolerable, or results in a miscarriage of justice. See Paladino, 401 F.3d at 481. Davis also threatened violence when he learned that Olden's drug dealers had invaded his territory. This evidence unquestionably evinces a level of control sufficient to satisfy the manager or supervisor enhancement pursuant to 3B1.1(b). Thf 44 is also very deep and they also rep cobra heavily. They were originally known as the Cobrastones, and were formed in the Robert Taylor Homes in the early 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. In one conversation with a MCs associate, for example, Hankton is asked whether he got that butter?. 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. 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. ", The motivation for young gang members, Knox said, is "there is a way out of this misery, and I too can be a gang leader.". a. A seller must turn over the proceeds from one pack before he can get another to sell, the rules state. 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. 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. An extension was applied for and granted on July 20, 2000, and allowed continued surveillance through August 18, 2000. 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). 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. 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. There are 30,000 to 50,000 MS-13 members and associate members that is worldwide. The narcotics investigation started in the fall of 1999 when an undisclosed cooperating witness, associated with Mickey Cobras members for about 13 years, agreed to wear a hidden recorder while buying narcotics from Hankton. Olden testified that eventually Hankton became King of the north side of the city. 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. 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. 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. 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. 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. 2D1.1. 25. 738, 160 L.Ed.2d 621 (2005). See United States v. Torres-Ramirez, 213 F.3d 978, 980-81 (7th Cir.2000) Under circumstances such as these we are unwilling to find fault with the sentencing judge's decision to credit Darin's statement in determining the drug quantity attributable to Hankton. 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). It is consistent with what the court has heard as the various defendants have entered their pleas of guilty. We agree with this assessment. The fact that Williams' murder appeared to involve a dispute over drug money, as opposed to drugs, would not preclude the sentencing judge from inferring that the incident was related to the MCs drug activities or from concluding that Hankton exerted the same authority over the gang's drug activities as he did over ordering beatings or murder. Hankton was subsequently sentenced to a term of 300 months in prison, while Davis was sentenced to 210 months. 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. 16. 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.. Specifically, Hankton and Davis claim that the district court erroneously calculated the quantity of drugs attributable to them and that evidence (e.g., wiretap evidence) concerning their respective leadership roles in the drug offenses was inadmissible and unreliable and should not have been considered by the sentencing judge. See United States v. Schmeilski, 408 F.3d 917, 920 (7th Cir.2005). 28: "There will be no getting hi or drinking on the line." And rule No.. 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). 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 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. Nevertheless, as we have stated, the rules of evidence do not apply at sentencing, see Hardamon, 188 F.3d at 849, and the judge was entitled to consider any relevant evidence assuming that evidence included a sufficient indicia of reliability. See Robinson, 164 F.3d at 1070. Scott Lassar said the pursuit of street gangs remained a top priority because of their control of narcotics in Chicago and the resulting violence. 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. . 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. During the mid 1950s the Egyptian Cobras fought heavily with a gang called the 14th Street Clovers. We disagree and believe this argument is misplaced. Control means access to the profits from the drug trade. (T. 1993, 2223, 3194). Robert Guthrie, a former gang-crimes investigator who now oversees the department's public housing unit. For example, in her plea agreement, Ngaya Brunner admits purchasing three eight-balls of crack cocaine from Davis, which translates into approximately 10 and one-half grams.25 The prosecution concluded that, when the plea-agreements were considered in relation to Agent Darin's testimony that Davis was a seasoned cook of cocaine, the reasonable inference was that Davis was responsible for possessing with the intent to distribute 50 to 150 grams of cocaine. 12. Please try again. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. Among the co-defendants were Woodrow Green, Jammah Olden, Rasuah Brunner, Ngaya Brunner, Timeka Murdock and Mekeba Gates, many of whom were also members of the MCs and all of whom also entered into plea agreements with the government. Hankton's initial argument is that statements made by Agent Darin concerning various wiretap phone conversations should not have been relied on by the sentencing judge in his determination that Hankton was responsible for the distribution of more than 500 grams of crack under the guidelines. 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. 841(a)(1). Officials said the Mickey Cobras include as many as 1,500 members and control the area around the Cabrini-Green public-housing complex. Notes [ edit] Some of the factors for a sentencing court to consider when determining whether a defendant held a leadership role under 3B1.1 include: the defendant's (1) exercise of decision-making authority; (2) participation in committing the offense; (3) recruitment of accomplices; (4) degree of participation in planning or organizing the criminal activity; (5) degree of control or authority exercised over others involved in the criminal activity; and (6) the nature and scope of the illegal activity. United States v. Falcon, 347 F.3d 1000, 1004 (7th Cir.2003) (citing United States v. Noble, 246 F.3d 946, 953 (7th Cir.2001)). The collective name of joined gangs under the five point star banner (V.L.,B.P.S.,L.K., M.C.,4.C.H.,). 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 supra p. 19-20. 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. See United States v. Paladino, 401 F.3d 471, 481 (7th Cir.2005). 364, 54 L.Ed.2d 376 (1977). 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. Last summer, Hilbring recalled, officers seized an instruction list that a West Side gang was passing out to its drug customers. Not only are code words always used by drug conspirators when they realize, as they do in today's drug culture, that their telephone conversations are frequently intercepted, such term were obviously used by the conspirators in this case [W]e have frequently upheld conspiracy determinations made by judges and juries which have relied upon inferences that code words or obscure language were meant to refer to drugs.Harris, 271 F.3d at 702-03 (quoting United States v. Vega, 860 F.2d 779, 798 (7th Cir.1988), abrogated on other grounds by United States v. Durrive, 902 F.2d 1221 (7th Cir.1990)). 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. The authors have spent decades investigating gangs as well as researching their history and activities, and . Cobras & Matadors ($) Write a Review. 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. The wiretap was granted pursuant to Title III of the Omnibus Crime Control and Safe Street Act of 1968, 18 U.S.C. 14 for the Mickey Cobras is "There will be no more paying brothers and sisters to do your security." Rule No. United States v. Booker, 543 U.S. 220, 125 S.Ct. Finally, the rules make clear that anyone who violates them will be dragged before the gang's "board" and punished. 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. While it may be true that the sentencing judge primarily focused on Hankton's gang activities, there was good reason for doing so. Subtracting 3 points for Hankton's acceptance of responsibility, see U.S.S.G. 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. 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. 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. 2. 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. An FBI-led task force and Chicago police arrested Hankton and 12 of the other suspects Thursday. 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. Juwan Gatlin was a member of a street gang known as the Mickey Cobras. 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. Hankton has failed to point to anything in the record which might render Agent Darin's testimony at sentencing unreliable, aside from his assertion that portions of his Darin's testimony constituted inadmissibly hearsay. 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. 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. 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. A central theme to the Mickey Cobras' rules is respect for the drug customer. The informant agreed to wear an undercover recording device while interacting with Hankton. 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. The memo notes that interrogations are inevitable because "not all business can be taken care of in a smooth way" and reminds gang members that police legally must inform them of their right to remain silent or have an attorney present before interviewing them.