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. 29. Reported as permanently closed. Which would make his base offense level 32. a. Control means access to the profits from the drug trade. The District Court's Determination of Hankton's Drug Quantity. 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. 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. In order to honor Mickey, they changed their name to Mickey Cobras. 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. 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. To support the proposed guidelines enhancements, the government presented evidence detailing Hankton's role as a leader or organizer within the MCs organization. The Latin King Gangs - 1535 Words | 123 Help Me See U.S.S.G. 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. 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 back in 1954 until 1960 were known as the Egyptian Cobras. 23. 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. The collective name of joined gangs under the five point star banner (V.L.,B.P.S.,L.K., M.C.,4.C.H.,). 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. Notes [ edit] Fraction began selling crack cocaine in Chicago at age 14 for the Gangster Disciples gang. 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)). whats the main difference between Mickey Cobras and Maniac Cobras Primarily, the group known as Mickey Cobras controlled the sale of narcotics and the life of most residents up until the 2000s. 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. 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. ", Rule No. 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). The initial intercept ran from June 15 to July 14, 2000, when the warrant expired. 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. There, he said, teenage gang members are more interested in their own pocketbook than gang loyalty. 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. 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. Also a member of the MCs, Olden recounted that the main source of revenue for the gang was the sale of illegal drugs. 10. Instead, Davis claims only that the introduction of the co-defendants' plea agreements constituted clear error due to the fact that the agreements were inadmissible hearsay. "It's a fallacy that they put on paper that you have to be 16 on the line. Knox and gang investigators said lists like the one belonging to the Mickey Cobras are not uncommon among street gangs. 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. A fact-finder must always draw inferences from veiled allusions and code words. 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. U.s. Accuses 19 Gang Members of Narcotics Conspiracy 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. Dodge city is not active anymore but they were notorious back in the day. 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. 30. Hankton was subsequently sentenced to a term of 300 months in prison, while Davis was sentenced to 210 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. Gang investigators over the years also have confiscated edicts from imprisoned gang leader Larry Hoover, the "chairman" of the state's largest street gang, the Gangster Disciples, Knox said. They were originally known as the Cobrastones, and were formed in the Robert Taylor Homes in the early 1960s. 364, 54 L.Ed.2d 376 (1977). The gang has existed since the late 1960s, boasts an estimated 1,000 to 1,500 members in Chicago and is described by authorities as violent, well-organized and actively involved in selling powder and crack cocaine on the West and North Sides. While in the gang, he achieved the rank of a 'prince.' He identified defendant in court as someone he had known for 20 years. mickey cobras laws - MEBW 2D1.1(a)(4). Olden also explained that in 1997, Hankton held the position of Don of Dons of the Cabrini Green projects on the north side of the city of Chicago, a position granting Hankton authority over other gang members. Sign in and out each day. Id. 2. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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. Maniac Latin Disciples - Wikipedia 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. There are 30,000 to 50,000 MS-13 members and associate members that is worldwide. Five others remain fugitives. In addition, the judge agreed to maintain the two witnesses statements under seal on the similar grounds. Also, the reliability of the plea agreements-as well as Agent Darin's testimony for that matter-was bolstered by the fact that, at sentencing, Hankton took advantage of a reasonable opportunity to rebut the hearsay evidence used against him. United States v. Barnes, 117 F.3d 328, 338 (7th Cir.1997) (quoting United States v. Francis, 39 F.3d 803, 810 (7th Cir.1994)). It even cites the court case-Miranda vs. Arizona. 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. 841(a)(1). Drug Charges Filed Against Alleged Gang Members "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. See id. The Mickey Cobras now have their written constitution and by-laws, which, like the modern-day BPSN, have a strong Islamic influence. Allowing an illegal sentence to stand would constitute a miscarriage of justice, see White, 406 F.3d at 835-36. See supra p. 7-9. They get lunch breaks, set time for shifts, are not supposed to socialize.". In particular, Darin testified concerning the contents of an intercepted phone conversation of July 24, 2000 between Davis and the previously mentioned co-defendant, Jammah Olden, where the two argue over what Davis refers to as his workers. Evidently Davis became aware of the fact that Olden was selling drugs in an area where his workers were and became upset with him, telling the unidentified person (most likely Olden) on the phone that y'all better not be [sic] get caught selling [t]hey's [sic] my workers. Two days later a telephone call from Davis to Hankton (Jammah Olden is on the tape and can be overheard in the background) illustrates Davis' anger over Olden invading his workers' drug spot or lick and warns that if his people weren't allowed to continue selling drugs in that area he would fry that motherf[***]r up.. 11. Accordingly, consideration of any additional amounts attributable to him via his leadership role in the MCs was superfluous.30. 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)). Nothing could be further from the truth. Specifically, the court found that Hankton's leadership role in the MCs was evinced by the fact that Hankton had the authority to order the beating of Annette Williams, knowing that the beating could lead to her death.. 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. 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. 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. 8-9; see also U.S.S.G. View Menu. David Kelley. The members of the gang used phrases such as a 16th or a teenager to refer to 1/16th of an ounce of crack cocaine, eight-ball, ball or Michael Jordan to refer to 1/8 of an ounce of crack cocaine, quarter, quaker or quake to refer to 1/4 of an ounce of crack cocaine and onion, zone or piece to refer to a whole ounce of crack cocaine. 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.