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. Select a Rating! I've caught them as young as 12 on the line.". We review the district court's application of the Sentencing Guidelines de novo. The gang is considered very mobile, and its colors are green, black, and red. Also a member of the MCs, Olden recounted that the main source of revenue for the gang was the sale of illegal drugs. Olden's understanding was that, during that period of time, Hankton was the King or leader of the MCs on the North-Side of Chicago.18 Specifically highlighting Hankton's leadership role, Olden went on to describe an instance where Hankton had ordered Olden and other members of the MCs not to run, but to stand and fight when they became involved in an altercation with members of a rival gang, the Gangster Disciples, over drug peddling territory. 738, 160 L.Ed.2d 621 (2005) and United States v. Paladino, 401 F.3d 471 (7th Cir.2005). A.Validity of Davis and Hankton's Sentencing Enhancements. 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. ", 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.". The district court sentenced Davis at the low end of the sentencing range and ordered that he be imprisoned for 210 months. The collective name of joined gangs under the five point star banner (V.L.,B.P.S.,L.K., M.C.,4.C.H.,). 841(a)(1). See United States v. Martinez, 289 F.3d 1023, 1028-29 (7th Cir.2002) (holding that reliability may be established by corroborating evidence). 15. As part of the plea agreement, Hankton admitted that on three separate occasions in Cook County, Illinois, between February and April 2000, he distributed a total of approximately 156 grams of crack to an individual who, unbeknownst to him, was a confidential informant recruited by the FBI. This increased the pressure on law enforcement to go after the gang. 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. 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. 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. View Menu. 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. Staff writer George Papajohn contributed to this article. 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. According to metric-conversions.org, .375 ounces equates to approximately 10.63107 grams.
UNITED STATES v. HANKTON | FindLaw "If there's no rules, no one knows what's going on. We simply cannot be sure. 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. Finally, the rules make clear that anyone who violates them will be dragged before the gang's "board" and punished. The initial intercept ran from June 15 to July 14, 2000, when the warrant expired. 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.
Spanish Cobras - Wikipedia After their leader, Mickey Cogwell, was gunned down in front of his South Side home in 1977, the gang adopted the name Mickey Cobras in honor of him. June 16, 1993)). The Mickey Cobras are a lairge street gang affiliatit wi the naitionwide gang affiliation kent as the People Nation. While in the gang, he achieved the rank of a 'prince.' He identified defendant in court as someone he had known for 20 years. The email address cannot be subscribed. Another defendant was already incarcerated in Cook County Jail on unrelated charges. Factions of the gang are being established throughout the Midwestern United States. 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. Notes [ edit] ", And rule No. 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. See supra pp. 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. 2D1.1. "It's all geared for better business," Guthrie said. The rules, chock-full of mispellings and street slang, aren't contained in a tidy corporate packet or posted on a store bulletin board. Thus, since 2D1.1 and 3B1.1 address different conduct and because the trial judge did not rely on Hankton's leadership role in the MCs to enhance his sentence pursuant to 2D1.1, there was no improper double counting and Hankton's claim fails in this regard. Five others remain fugitives. The record reflects that Davis, during intercepted phone conversations, repeatedly referred to people on the street selling drugs as his workers. See supra p. 13. 14 for the Mickey Cobras is "There will be no more paying brothers and sisters to do your security." Rule No. See supra p. 13.
Mickey Cobras - Wikipedia 4655 Hollywood Blvd Los Angeles, CA 90027 (Map & Directions) Phone: (323) 669-3922. Mickey Cobras Foondit 1954 Namit efter Henry "Mickey" Cogwell Foondin location Westside, Chicago, Illinois, U.S. Years active 1954-Present Territory Chicago, Illinois Ethnicity Maistly African American Creeminal activities Drog Trokin, Robbery, Extortion, Murther Allies People Nation, Black P. Stones, Vice Lords Rivals There, he said, teenage gang members are more interested in their own pocketbook than gang loyalty. See supra p. 19-20. Through the use of the cooperating witness, the FBI was able to conduct a number of controlled purchases of crack cocaine. 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. Accordingly, consideration of any additional amounts attributable to him via his leadership role in the MCs was superfluous.30. 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. See supra p. 3 n. 3 and accompanying text. 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. 25. 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. Notes [ edit] Cuisine: American Neighborhood: Los Feliz Website: www.shuttersonthebeach.com 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)). 28: "There will be no getting hi or drinking on the line." And rule No.. It is consistent with what the court has heard as the various defendants have entered their pleas of guilty. We agree with this assessment. 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). 3B1.1(b). 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.). You must be 16 years old to work "on the line." This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Hankton's claim of impermissible double counting finds no support in the record, much less the voluminous amount of case law on this subject. Where different aspects or components of the defendant's behavior are addressed by different enhancements, improper double counting has not occurred. 30. See, e.g., United States v. Sutton, 406 F.3d 472, 474 (7th Cir.2005). An FBI-led task force and Chicago police arrested Hankton and 12 of the other suspects Thursday. Put simply, a district court may not characterize the same conduct in two different ways to arrive at two separate sentence enhancements that result in an upward adjustment of the sentencing range. 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.
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