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. Around 1993-94 the various gangs in the Maniac Familia, led by the Manic Latin Disciples (MLD's) began having violent conflicts with . The initial intercept ran from June 15 to July 14, 2000, when the warrant expired. We simply cannot be sure. "It's all geared for better business," Guthrie said. See supra p. 13. Both Hankton and Davis challenge the district court's enhancement of their sentences based on drug quantity. U.s. Accuses 19 Gang Members of Narcotics Conspiracy Id. 2D1.1. 5. 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.. 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. In 2006, multiple people died from overdose when a strengthened variant of heroin made its way into the houses. This increased the pressure on law enforcement to go after the gang. Through the use of the cooperating witness, the FBI was able to conduct a number of controlled purchases of crack cocaine. ", 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.". 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. The area around the buildings, at 5326 S. State St., 5322 S. State St. and 5323 S. Federal St., is known as "The Hole. Mickey Cobras - Wikipedia 841 and 846. A pen register is a mechanical device that records the numbers dialed on a telephone by monitoring the electrical impulses caused when the dial on the phone is released. United States v. New York Tel. 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.". 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. Specifically, investigators learned that both Hankton and Davis held leadership roles in the MCs. Last summer, Hilbring recalled, officers seized an instruction list that a West Side gang was passing out to its drug customers. Section 3B1.1 of the sentencing guidelines is applicable where the defendant was an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive. U.S.S.G. R. Evid. 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. We uphold the validity of both Hankton and Davis' sentence, but remand to the district court for further consideration as mandated by this court's decision in United States v. Paladino, 401 F.3d 471 (7th Cir.2005). 8. Cobras & Matadors ($) Write a Review. 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. 841(a)(1). 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. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. This court has previously made clear that the control exerted by a defendant may either be direct or indirect in nature. 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. metric-conversions.org/. The rules state that one gang member on "security" patrols the front door of the building, while the other mans the back door. (internal citations omitted); (citing United States v. Parolin, 239 F.3d 922, 929 (7th Cir.2001)). 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. See United States v. Schmeilski, 408 F.3d 917, 919 (7th Cir.2005). on Febuary 25, 1977 Mickey Cogwell was killed, The Gunmen were never found. Indeed, as we noted in United States v. Vega:Conversations regarding drug transactions are rarely clear. Knox's textbook, "An Introduction to Gangs," lists several gang constitutions, which are filled with rules, pseudo-religious ramblings and the expected problems with spelling. 8,000 to 10,000 that lives in the United States of America. An FBI-led task force and Chicago police arrested Hankton and 12 of the other suspects Thursday. 841(a)(1). 2D1.1(a)(4). See, e.g., United States v. Sutton, 406 F.3d 472, 474 (7th Cir.2005). 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. Online Menu of Cobras & Matadors, Los Angeles, CA The record reflects that most of the large wholesale purchases involved powder, as opposed to crack, cocaine. 3. See United States v. Schmeilski, 408 F.3d 917, 920 (7th Cir.2005). Davis disagreed with each of the proposed enhancements, in the plea agreement, reserved his right to argue his position at sentencing. "But none of the kids abide by it," he said. The founder of the Egyptian Cobras was James Cogwell. The Egyptian Cobras formed in the year 1954 on Chicago's west side on the corner of Roosevelt and Maxwell. The Mickey Cobras are a lairge street gang affiliatit wi the naitionwide gang affiliation kent as the People Nation. 1781, 152 L.Ed.2d 860 (2002). The email address cannot be subscribed. In Gangs and Organized Crime, George W. Knox, Gregg W. Etter, and Carter F. Smith offer an informed and carefully investigated examination of gangs and organized crime groups, covering street gangs, prison gangs, outlaw motorcycle gangs, and organized crime groups from every continent. David Kelley. See supra pp. Juwan Gatlin was a member of a street gang known as the Mickey Cobras. 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. 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. Introduced were the plea agreements of Davis, Woodrow Green, Jammah Olden, Rasuah Brunner, Ngaya Brunner, Timeka Murdock and Mekeba Gates. See United States v. Smith, 3 F.3d 1088, 1099. 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. 4655 Hollywood Blvd Los Angeles, CA 90027 (Map & Directions) Phone: (323) 669-3922. 53rd and state was the most notorious MC set but of course they're long gone. 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. In addition, Hankton was charged with four separate counts of distribution of cocaine base, in violation of 21 U.S.C. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. The Mickey Cobras now have their written constitution and by-laws, which, like the modern-day BPSN, have a strong Islamic influence. 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. at 980. 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. Limit bathroom breaks to 15 minutes. In addition, we reject Hankton's claim that the sentencing judge's application of U.S.S.G. All customers entering the building must be searched. In the Illinois prison system, they are a part of the People Nation. 29. Like many of Chicago street gangs, the Mickey Cobras have a long history. 28. 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 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. The MS-13 is well known for their violent Behaviors. 738, 160 L.Ed.2d 621 (2005). They were originally known as the Cobrastones, and were formed in the Robert Taylor Homes in the early 1960s. 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. Control means access to the profits from the drug trade. 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.. The LA Eme is a Hispanic Organized crime. 26. 28: "There will be no getting hi or drinking on the line. We disagree and believe this argument is misplaced. "He's got the props. 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. 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. Please try again. At the close of the sentencing hearing, after weighing the evidence presented, the district court determined by a preponderance of the evidence that Davis had indeed possessed with intent to distribute between 50 and 150 grams of crack cocaine and that he was a manager or supervisor of a criminal activity, within the meaning of 3B1.1. A pen register is usually installed at a central telephone facility [and] records on a paper tape all numbers dialed from [the] line to which it is attached. However, unlike Hankton, Davis does not claim that Agent Darin's testimony was unreliable. 14 for the Mickey Cobras is "There will be no more paying brothers and sisters to do your security. 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). They get lunch breaks, set time for shifts, are not supposed to socialize.". Spanish Cobras - Wikipedia The authors have spent decades investigating gangs as well as researching their history and activities, and . 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. "The loyalty is to the dollar," said Sgt. If you would ike to contact us via email please click . 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. 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. PDF People v Lauderdale 2021 IL App (1st) 200109-U - Microsoft 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. Mickey Cobras - Infogalactic: the planetary knowledge core 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. 7. Nothing could be further from the truth. 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)). 3B1.1(a).11. For example, the co-defendants' plea agreements state that Hankton sold them primarily crack cocaine-according to the government's calculation, 1156 grams total. 841(a)(1) (Count VI). United States v. Giordano, 416 U.S. 505, 549 n. 1, 94 S.Ct. Subtracting 3 points for Hankton's acceptance of responsibility, see U.S.S.G. Knox and gang investigators said lists like the one belonging to the Mickey Cobras are not uncommon among street gangs. See Parra, 402 F.3d at 762. On the high end, Hankton may have supplied Olden with as much as 1071 grams of crack (which is equal to 1 oz. The co-defendants' plea agreements submitted at Davis' sentencing demonstrated that Davis was in the habit of distributing crack cocaine. In order for a judge to be well advised of the facts surrounding the defendant's background, and particularly in view of the judge's obligation to the general public, as well as to the defendant, to be fair, reasonable, and just, it is imperative that he be allowed to draw upon a wealth of information concerning the defendant's background, from his date of birth up to and including the moment of sentencing In order to render justice to all the judge must be able to impress upon a defendant through the expansive contents of an all encompassing sentencing report that we are a country of laws and not men. 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. "It's just like any other corporation," said Donald Hilbring, commander of the Chicago police gang unit. Olden testified that eventually Hankton became King of the north side of the city. 8-9; see also U.S.S.G. 2. In most gangs, Knox said, the street-level security and sellers are rewarded with some money, occasional parties and the hope of moving up the gang ladder. (quoting United States v. Carson, 9 F.3d 576, 584 (7th Cir.1993)); see United States v. Reneslacis, 349 F.3d 412, 417 (7th Cir.2003). 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. Like the Cobras in Cabrini (the castle) were King Cobras and Mickey's. Then in the 90s to make it even worse Prince Money ( Mickey's son) flipped GD and allot of cobras went with him. In a number of those plea agreements, the defendants admit purchasing crack cocaine from Davis. In fact, 2D1.1 and 3B1.1(a) are premised on entirely different conduct; for while an individual may be found to have distributed a certain quantity of drugs making him eligible for a sentence enhancement under 2D1.1, he need not be a leader or organizer of a criminal activity, as described by 3B1.1, to do so. See United States v. Barnes, 117 F.3d 328, 337 (7th Cir.1997). 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. Made public recently by police sources, the sheets outline how gang members should behave while peddling drugs in the Robert Taylor Homes. 20. Also, although premising multiple enhancements on identical facts' constitutes impermissible double counting the presence of some overlap in the factual basis for two or more upward adjustments does not automatically qualify as double counting. Id. (T. 1981, 1993). 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. The Mickey Cobras back in 1954 until 1960 were known as the Egyptian Cobras. They changed their name to Cobra Stones in the late 1960s. 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. The district court sentenced Davis at the low end of the sentencing range and ordered that he be imprisoned for 210 months. A fact-finder must always draw inferences from veiled allusions and code words. 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)). Accordingly, consideration of any additional amounts attributable to him via his leadership role in the MCs was superfluous.30. 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. Contact us. 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. See supra p. 7-9. Take this excerpt from the Vice Lord constitution: "Every member of the Amalgamated Order of Lordism will at all times maintain him or herself within the Code of Conduct Chain of Command, and the principals of law in the highest manor.". In the Illinois prison system, they are a part of the People Nation. We disagree. 364, 54 L.Ed.2d 376 (1977). Gatlin was murdered because he provided information to the police about the murder of Tony Dawson, a previously unsolved homicide in Minneapolis. 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 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. "The dope and the money-making is more important than the brotherhood," said Cmdr. Los Angeles, California Employment Laws Overview - The National Law Review Brandon said the Mickey Cobras' rules "is just some attempt by the hierarchy to keep some sort of order. 16. 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. Report to work on time. 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. 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. 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. 846 and 18 U.S.C. Authorities said the charges marked the first time the gang has been targeted in a major federal prosecution. He joined in 1978 when he was eight years old and left the gang in 1996. 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. 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. Hardamon, 188 F.3d at 849-50 (quoting United States v. Gerstein, 104 F.3d 973, 978 (7th Cir.1997)).

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