R. Evid. 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. 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. The rules state that one gang member on "security" patrols the front door of the building, while the other mans the back door. Indeed, the evidence obtained by investigators made clear that Hankton had, over a period of years, progressed through the hierarchy of the MCs and attained the position of King of Kings, or leader of the MCs on the entire north side of Chicago. The district court sentenced Davis at the low end of the sentencing range and ordered that he be imprisoned for 210 months. 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. Instead, the government argued that, in addition to possessing powder cocaine, Davis was also responsible for possessing with the intent to distribute between 50 and 150 grams of crack cocaine, pursuant to U.S.S.G. 7-8, when stating that Hankton exercised authority over persons, certainly well more than five or ten. However, Hankton claims that rather than directing its remarks to Mr. Hankton's conduct as it related to the actual offence, i.e., drug distribution, the court dwelled on Mr. Hankton's gang activities. This statement is nothing more than a self-serving red herring. 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. Torres-Ramirez, 213 F.3d at 980-81. However, unlike Hankton, Davis does not claim that Agent Darin's testimony was unreliable. (T. 1993, 2223, 3194). During the investigation, the FBI temporarily used a member of the MCs to serve as a cooperating witness. mickey cobras laws - MEBW The informant agreed to wear an undercover recording device while interacting with Hankton. 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. 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 list is a detailed explanation of how to act as "security" for drug sales and how to sell "packs" of crack in three buildings of the Robert Taylor Homes that are controlled by the gang. 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)). 8-9; see also U.S.S.G. 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. 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. Cobras & Matadors ($) Write a Review. Both men also contend that the district court erroneously enhanced their sentences based on insufficient and unreliable evidence. They changed their name to Cobra Stones in the late 1960s. This evidence was fully corroborated by the testimony of Agent Darin, which the sentencing judge expressly found to be credible. Yeah the cobras are deep in the low end. 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. Factions of the gang are being established throughout the Midwestern United States. 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. 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. Notes [ edit] Mickey Cobras - Wikipedia 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. 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 collective name of joined gangs under the five point star banner (V.L.,B.P.S.,L.K., M.C.,4.C.H.,). 28. 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. 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. 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.". Cuisine: American Neighborhood: Los Feliz Website: www.shuttersonthebeach.com Stay up-to-date with how the law affects your life. 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. Also, information from the wiretaps demonstrated that Hankton used his position in the gang to facilitate his drug transactions, collect money for himself and protect the gang's drug dealing territory. 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. In addition, the judge agreed to maintain the two witnesses statements under seal on the similar grounds. See Sutton, 406 F.3d at 474. In particular, Ngaya Brunner admits to purchasing approximately 10 and one-half grams of crack from Davis. Also, the district court did not rely solely on witness testimony concluding that Hankton was responsible for distributing more than 500 grams of crack. 14 for the Mickey Cobras is "There will be no more paying brothers and sisters to do your security. 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. An extension was applied for and granted on July 20, 2000, and allowed continued surveillance through August 18, 2000. Maniac Latin Disciples - Wikipedia See, e.g., United States v. Sutton, 406 F.3d 472, 474 (7th Cir.2005). We disagree. 45 warns, though it doesn't specify the punishment. Allowing an illegal sentence to stand would constitute a miscarriage of justice, see White, 406 F.3d at 835-36. 1820, 40 L.Ed.2d 341 (1974). The government next introduced evidence directed towards establishing that Hankton was responsible for distributing more than 500 grams of crack cocaine, as opposed to the 150 grams he admitted to distributing. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. at 980. It even cites the court case-Miranda vs. Arizona. The Latin King Gangs - 1535 Words | 123 Help Me Thus, because witness testimony-the testimony of a witness, Agent Darin, whom the district judge had previously determined to be credible-was introduced to corroborate information contained in the co-defendant's plea agreements and thus infused that evidence with an indicia of reliability. See United States v. Martinez, 289 F.3d at 1028-29; Torres-Ramirez, 213 F.3d at 980. Specifically, investigators learned that both Hankton and Davis held leadership roles in the MCs. We simply cannot be sure. 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). See United States v. Schmeilski, 408 F.3d 917, 920 (7th Cir.2005). 17. 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. 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)). Because neither Hankton nor Davis raised a Booker issue before the district court our review is for plain error only. Heroin laced with fentanyl has been. In order to honor Mickey, they changed their name to Mickey Cobras. 2D1.1. "The loyalty is to the dollar," said Sgt. 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. 3B1.1(a).11. The email address cannot be subscribed. 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 . 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. 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. Like many of Chicago street gangs, the Mickey Cobras have a long history. See United States v. Paladino, 401 F.3d 471, 481 (7th Cir.2005). 3E1.1. 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. 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. See supra p. 7-9. See supra p. 13. 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. 8,000 to 10,000 that lives in the United States of America. See U.S.S.G. 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. 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. Specifically, Agent Darin testified as to the meaning and context of a number of intercepted phone conversations Davis had with Hankton and other individuals in which Davis discussed cooking large amounts of powder cocaine in order to produce crack cocaine. See Barnes, 117 F.3d at 338. In addition, Hankton was charged with four separate counts of distribution of cocaine base, in violation of 21 U.S.C. 3B1.1(a). Indeed, the plea agreements were more than sufficiently corroborated at Hankton's sentencing hearing by the credible testimony of the live witnesses, i.e., Agent Darin and Detective Charles. Knox and gang investigators said lists like the one belonging to the Mickey Cobras are not uncommon among street gangs. See id. Contact us. 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. Robert Guthrie, a former gang-crimes investigator who now oversees the department's public housing unit. 4. Brandon said the Mickey Cobras' rules "is just some attempt by the hierarchy to keep some sort of order. Gangs and Organized Crime - Google Books 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. 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. Furthermore, Agent Darin also testified as to Davis' role as a manager/supervisor in the MCs drug operations. Not only do they give a vivid glimpse into the world of gangs but also, law enforcement authorities say, underline how central the drug business has become in some Chicago gangs.
Mla3 Missing Lines Assignment, Catalunya Lap Record Motogp, Where In Miner Hall Was Aka Founded, Belmont Lodge Bognor Regis, Articles M