The collective name of joined gangs under the five point star banner (V.L.,B.P.S.,L.K., M.C.,4.C.H.,). During the investigation, the FBI temporarily used a member of the MCs to serve as a cooperating witness. 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)). Also a member of the MCs, Olden recounted that the main source of revenue for the gang was the sale of illegal drugs. The co-defendants' plea agreements submitted at Davis' sentencing demonstrated that Davis was in the habit of distributing crack cocaine. The LA Eme is a Hispanic Organized crime. As part of the plea agreement, the government agreed to recommend that Davis be granted a 3 level reduction for acceptance of responsibility pursuant to 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. At the conclusion of the hearing, the trial judge concluded that based on the plea agreements and testimony given at sentencing, Hankton could have reasonably foreseen that the amount of [crack cocaine] he was dealing was well in excess of 500 grams, and could reach even beyond 1.5 kilograms. Indeed, the District Judge determined that the recorded [Title III] calls alone take the amount well beyond the 500-gram minimum.20 Moreover, citing the live testimony and the physical evidence confiscated from Hankton's residence (such as correspondence identifying Hankton as King), the court found that [Hankton] [was] one of several organizers and one of several leaders within [the] structured criminal organization and that he exercised control and power over other members of the gang and felt a four level leadership enhancement to Hankton's sentence was warranted pursuant to U.S.S.G. 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. Scott Lassar said the pursuit of street gangs remained a top priority because of their control of narcotics in Chicago and the resulting violence. 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. 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. The Mickey Cobras' drug operation is set up so that shifts of "security" patrol the lobby area, acting as lookouts for police or anyone else who might interfere with drug sales, according to police and the list of rules. The collective name of joined gangs under the five point star banner (V.L.,B.P.S.,L.K., M.C.,4.C.H.,). Factions of the gang are being established throughout the Midwestern United States. We disagree and believe this argument is misplaced. 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. 19. Through the use of the cooperating witness, the FBI was able to conduct a number of controlled purchases of crack cocaine. 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. The founder of the Egyptian Cobras was James Cogwell. 4655 Hollywood Blvd Los Angeles, CA 90027 (Map & Directions) Phone: (323) 669-3922. See United States v. Schmeilski, 408 F.3d 917, 920 (7th Cir.2005). They changed their name to Cobra Stones in the late 1960s. UNITED STATES of America, Plaintiff-Appellee, v. Clarence HANKTON and Gregory Davis,1 Defendants-Appellants. (T. 1993, 2223, 3194). Said differently, Hankton takes issue with the sentencing judge's focus on his leadership conduct which he claims is unrelated to the underlying crime of distribution of a controlled substance. 28: "There will be no getting hi or drinking on the line." And rule No.. 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 initial intercept ran from June 15 to July 14, 2000, when the warrant expired. Brandon said the Mickey Cobras' rules "is just some attempt by the hierarchy to keep some sort of order. Thf 44 is also very deep and they also rep cobra heavily. 2D1.1. In a nine count superseding indictment issued on May 15, 2002, the grand jury charged both Hankton and Davis with participating in a conspiracy to possess with intent to distribute and to distribute in excess of 500 grams of cocaine and in excess of 50 grams of [crack cocaine] (Count I) and using communication devices in committing the conspiracy (Count VII) in violation of 21 U.S.C. 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. A fact-finder must always draw inferences from veiled allusions and code words. 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. The rules state that one gang member on "security" patrols the front door of the building, while the other mans the back door. The government estimated that, based on Agent Darin's testimony and the wiretap evidence alone, Hankton was responsible for distributing approximately 456 grams of crack cocaine.16, Agent Darin also testified concerning Hankton's ascension from the role of don, the title he held in the mid-1990s, to King, the title he held from 1999 to 2001. Nothing could be further from the truth. Finally, the rules make clear that anyone who violates them will be dragged before the gang's "board" and punished. Latin Disciples are one of the original gangs in the Folk alliance, alongside the BGD's (Black Gangster Disciples), Simon City Royals, Spanish Cobras, Satan's Disciples, Ashland Vikings, Two-Six, and others. 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. 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). 24. United States v. Giordano, 416 U.S. 505, 549 n. 1, 94 S.Ct. (T. 1981, 1993). 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. http://www. 45 warns, though it doesn't specify the punishment. 31: "There will be no breaking into apartment or vacant apartment in the building.". 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)). 843(b) and 18 U.S.C. "They don't want any trouble . Specifically, investigators learned that both Hankton and Davis held leadership roles in the MCs. At Hankton's sentencing, the judge enumerated a number of factors which led him to the conclusion that Hankton was a leader or organizer of a criminal activity-here the distribution of crack cocaine-within the meaning of 3B1.1(a). 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. While in the gang, he achieved the rank of a 'prince.' He identified defendant in court as someone he had known for 20 years. 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). Matt Brandon of the CHA tactical unit. Armed with this information, the government obtained arrest warrants for 19 individuals connected with the MCs and, on January 2, 2001, Hankton and Davis were apprehended on allegations of conspiring to possess cocaine and crack with the intent to distribute, in violation of 21 U.S.C. I've caught them as young as 12 on the line.". 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. A central theme to the Mickey Cobras' rules is respect for the drug customer. 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. For example, the co-defendants' plea agreements state that Hankton sold them primarily crack cocaine-according to the government's calculation, 1156 grams total. Also, the district court did not rely solely on witness testimony concluding that Hankton was responsible for distributing more than 500 grams of crack. (CHICAGO) - JUN 21--Drug Enforcement Administration agents and Chicago Police Department officers arrested 29 alleged members of the Mickey Cobras Street Gang who are suspected of trafficking fentanyl-laced heroin, crack cocaine, and marijuana in parts of Chicago's Southside. 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. Andrew Martin and Tribune Staff Writer. We disagree. In the microwave, like I always do. Still a third drug conversation portrays Davis mentioning the purchase of approximately four and a half ounces of cocaine. 2. 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. In 2006, multiple people died from overdose when a strengthened variant of heroin made its way into the houses. 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. Authorities said the charges marked the first time the gang has been targeted in a major federal prosecution. 3B1.1(b). United States v. Booker, 543 U.S. 220, 125 S.Ct. 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. 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)). Robert Guthrie, a former gang-crimes investigator who now oversees the department's public housing unit. 3B1.1(a). An extension was applied for and granted on July 20, 2000, and allowed continued surveillance through August 18, 2000. Subtracting 3 points for Hankton's acceptance of responsibility, see U.S.S.G. See United States v. Schmeilski, 408 F.3d 917, 919 (7th Cir.2005). The fact that Davis called no witnesses at sentencing and failed to successfully discredit Agent Darin on cross-examination, however, evinces nothing more than a shortcoming in the presentation of his case and falls far short of establishing error on the part of the trial judge. In a separate indictment, Hankton was accused of passing on orders from gang higher-ups in April 1994 to have Williams killed over a narcotics dispute. a. 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. 4. Indeed, the district court's imposition of a sentence in the middle of the range for Hankton, see supra p. 13, and at the lower-end of the range for Davis, see supra p. 16, may be an indication that, having been vested with greater discretion, the judge may well have imposed a sentence lighter than that required by the guidelines. In addition, the judge agreed to maintain the two witnesses statements under seal on the similar grounds. at 980. 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. Hardamon, 188 F.3d at 849-50 (quoting United States v. Gerstein, 104 F.3d 973, 978 (7th Cir.1997)). 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. 30 gang members would then be taken into custody. 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.). However, even where a plain error is found to exist, a court of appeals may exercise its discretion to notice a forfeited error only if the error seriously affects the fairness, integrity, or public reputation of judicial proceedings. United States v. Cotton, 535 U.S. 625, 631, 122 S.Ct. 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. 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. "If there's no rules, no one knows what's going on. 14. The testimony given by Detective Charles and Agent Darin was more than reliable and therefore properly considered by the district court in sentencing Hankton. Cobras & Matadors ($) Write a Review. Find something similiar nearby. . ", Rule No. It was allot of Cobra Stones but once Mickey died some stayed Stones,some became Mickey Cobras and some were King Cobras. Accordingly, it is well-settled law that hearsay is not only an acceptable basis for a sentencing determination, United States v. Smith, 3 F.3d 1088, 1100 (7th Cir.1993), it is often an integral part of the sentencing process, United States v. Badger, 983 F.2d 1443, 1459 (7th Cir.1993). 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. In this case the jury was confronted with conversations which contained code words that, when considered in isolation, might seem unclear, veiled and almost nonsensical, but when analyzed properly, in the context of the totality of the evidence, can clearly be seen to be code words for drugs It is true that, advisedly, no explicit mention was ever made of cocaine or other drugs in any of Vega's conversations with the Zambranas. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. Five others remain fugitives. The MS-13 is well known for their violent Behaviors. R. Evid. The Mickey Cobras are a large street gang affiliated with the nationwide gang alliance known as "People" and based in Chicago. In a number of those plea agreements, the defendants admit purchasing crack cocaine from Davis. 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. 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. 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. 2D1.1. Control means access to the profits from the drug trade. Officials said the Mickey Cobras include as many as 1,500 members and control the area around the Cabrini-Green public-housing complex. 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. Cocaine base, better known as crack cocaine, is produced by cooking or mixing powder cocaine (cocaine hydrochloride) with sodium bicarbonate and boiling the mixture until left with a rocklike formation of pure crack cocaine (cocaine minus the hydrochloride). Nonetheless, as Agent Darin's testimony and the phone conversations established, Hankton dealt primarily in crack and the large wholesale purchases were made with the intent of converting the powder cocaine into crack. 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. 841 and 846. 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)).
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