Subtracting 3 points for Hankton's acceptance of responsibility, see U.S.S.G. See id. On the record before us, we cannot ascertain with any exacting degree of certainty whether the sentencing judge would have imposed identical sentences for Hankton and Davis had he known that the sentencing guidelines were not mandatory at the time. 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. Authorities said the charges marked the first time the gang has been targeted in a major federal prosecution. 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. The district court sentenced Davis at the low end of the sentencing range and ordered that he be imprisoned for 210 months. The Spanish Cobras is a primarily, but not exclusively, . The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 or toll free (877) 357-3317. The trial judge concluded that Davis' base offense level was 32 along with five criminal history points, meaning that the appropriate sentencing range to be applied was 210 to 262 months. 3B1.1 n. 1 (In distinguishing a leadership role from one of mere management or supervision, titles such as kingpin or boss are not controlling.). They changed their name to Cobra Stones in the late 1960s. 5. 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. 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. 23. In other words, Davis must present this court with more than conclusory allegations that a government witness is unreliable; he must present evidence which would in some way rebut that testimony or demonstrate that it is inaccurate and should not have been relied upon by the sentencing judge. Another defendant was already incarcerated in Cook County Jail on unrelated charges. In a superseding indictment dated May 15, 2002, Clarence Hankton, Greg Davis and six other co-conspirators were charged in the United States District Court for the Central District of Illinois with conspiracy to possess with intent to distribute cocaine and cocaine base, in violation of 21 U.S.C. 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. The collective name of joined gangs under the five point star banner (V.L.,B.P.S.,L.K., M.C.,4.C.H.,). 8-9; see also U.S.S.G. 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. The BPSN and MCN nations later went to war after the cobras blamed jeff fort for the hit. 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). Furthermore, Agent Darin also testified as to Davis' role as a manager/supervisor in the MCs drug operations. 8. 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). 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. 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. 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. Instead, all of the evidence presented-as well as commonsense-suggest that, in fact, Hankton's gang activities were intimately, related to and intertwined with, his drug distribution activities. In order to corroborate Agent Darin's testimony, the prosecution called one of Hankton's co-defendants, Jammah Olden. 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. The regular Mickey Cobras sets are definitely under the 5 (People Nation . 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. 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. And no sitting down or horsing around while on duty. 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. Rather, the "House Rules" for the Mickey Cobras street gang are handwritten on five pages of plain paper and were found by police stuffed in the pockets of several members who accused of selling crack cocaine. They don't want the heat. In October 1999, the Federal Bureau of Investigation (FBI) began investigating the MCs, utilizing confidential informants,4 FBI surveillance and pen registers to gain information on the organization.5 Information gathered in the initial operational phase of the investigation allowed law enforcement officers to gain a preliminary understanding of the gang's structure. Some of the factors for a sentencing court to consider when determining whether a defendant held a leadership role under 3B1.1 include: the defendant's (1) exercise of decision-making authority; (2) participation in committing the offense; (3) recruitment of accomplices; (4) degree of participation in planning or organizing the criminal activity; (5) degree of control or authority exercised over others involved in the criminal activity; and (6) the nature and scope of the illegal activity. United States v. Falcon, 347 F.3d 1000, 1004 (7th Cir.2003) (citing United States v. Noble, 246 F.3d 946, 953 (7th Cir.2001)). "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. 10. 9. Finally, over objection from defense counsel, the government introduced the plea agreements of seven of Hankton's co-defendants.19 In the plea agreements, which were signed and approved by each of the co-defendants and received into evidence at sentencing, the co-defendants describe receiving primarily crack cocaine from Hankton. 2D1.1. 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. See supra p. 19-20. See United States v. Puckett, 405 F.3d 589, 597 n. 8 (7th Cir.2005); United States v. Edwards, 397 F.3d 570, 574 (7th Cir.2005). 841(a)(1). 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). 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. Nevertheless, as we have stated, the rules of evidence do not apply at sentencing, see Hardamon, 188 F.3d at 849, and the judge was entitled to consider any relevant evidence assuming that evidence included a sufficient indicia of reliability. See Robinson, 164 F.3d at 1070. 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. Andrew Martin and Tribune Staff Writer. Indeed, the federal criminal code makes clear that: No limitation shall be placed on the information concerning the background, character, and conduct of a person convicted of an offense which a court of the United States may receive and consider for the purpose of imposing an appropriate sentence. 18 U.S.C. Around 1993-94 the various gangs in the Maniac Familia, led by the Manic Latin Disciples (MLD's) began having violent conflicts with . See Barnes, 117 F.3d at 338. 2. Gutta cobras (including) thf44 in the lowend probably the deep spot for cobras but they not . When determining the drug quantity attributable to Hankton pursuant to 2D1.1 the judge specifically found that, considering the admissions of the defendant in the plea agreement as well as the evidence concerning the intercepted phone conversations, Hankton was responsible for distributing well beyond 500 gram[s] of crack. 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. Staff writer George Papajohn contributed to this article. 6. 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. 53rd and state was the most notorious MC set but of course they're long gone. Cuisine: American Neighborhood: Los Feliz Website: www.shuttersonthebeach.com Juwan Gatlin was a member of a street gang known as the Mickey Cobras. Hankton's claim of impermissible double counting finds no support in the record, much less the voluminous amount of case law on this subject. On November 21, 2002, Hankton signed a plea agreement in which he admitted distributing approximately 156 grams of cocaine base to a confidential informant, in violation of 21 U.S.C. 11. See, e.g., United States v. Hardamon, 188 F.3d 843, 849 (7th Cir.1999). . 1781, 152 L.Ed.2d 860 (2002). 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. 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.). 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 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. Hankton's role as King was also supported through Agent Darin's description of physical evidence that was confiscated from Hankton's residence upon a search warrant-such as letters calling Hankton the King, statues of cobras wearing crowns and jewelry of crowns-all referring to Hankton's leadership position in the gang as the King of Kings.. 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. See supra pp. 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 . Robert Guthrie, a former gang-crimes investigator who now oversees the department's public housing unit. This increased the pressure on law enforcement to go after the gang. Factions of the gang are being established throughout the Midwestern United States. 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)). And gang members are forbidden from selling crack on the ground level of the building. 24. Both Hankton and Davis challenge the district court's enhancement of their sentences based on drug quantity. 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. 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. Davis pled guilty to possession with intent to distribute cocaine and admitted that on June 27, 2000, he obtained approximately 250 grams of powder cocaine from Hankton, with the intention of distributing it to others.22 Nonetheless, the government argued at sentencing that Davis was responsible for the possession of more than just the 250 grams of powder cocaine that he admitted to in the plea agreement. 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. of crack every four or five days over a period of five months). Olden testified that eventually Hankton became King of the north side of the city. 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. A central theme to the Mickey Cobras' rules is respect for the drug customer. UNITED STATES of America, Plaintiff-Appellee, v. Clarence HANKTON and Gregory Davis,1 Defendants-Appellants. To support the proposed guidelines enhancements, the government presented evidence detailing Hankton's role as a leader or organizer within the MCs organization. Nonetheless, Hankton argues that the sentencing judge's mention of his leadership role in the organization while finding that he was also eligible for a sentence enhancement for distributing more than 500 grams of cocaine under 2D1.1 constituted impermissible double counting. See Sutton, 406 F.3d at 474. According to Olden's testimony, which was unrebutted at sentencing, it was reasonable for the district court to conclude that Hankton personally distributed between 134 and 1071 grams of crack cocaine, to Olden alone, in the space of just these five months.26 See Salinas, 62 F.3d at 859; see also United States v. Durham, 211 F.3d 437, 444 (7th Cir.2000) (stating that estimates of drug quantity are acceptable if they are based on evidence possessing a sufficient indicia of reliability and not nebulous eyeballing). "And they really do have elaborate procedures.". See id. 2 On appeal, both men challenge the district court's application of the guidelines to their sentences and claim that they are entitled to be re-sentenced in accordance with the Supreme Court's decision in United States v. Booker, 543 U.S. 220, 125 S.Ct. . See United States v. Martinez, 289 F.3d 1023, 1028-29 (7th Cir.2002) (holding that reliability may be established by corroborating evidence). We disagree. See United States v. Paladino, 401 F.3d 471, 481 (7th Cir.2005). "It's all geared for better business," Guthrie said. For example, the government was unable to obtain conclusive information about Hankton and Hankton's associates without arousing suspicion. Additionally, the use of undercover agents [was determined to] be impractical and dangerous due to the highly suspicious' nature of the alleged offenders.. 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. 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. 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. Imo..I think Maniac Cobras don't mess with other Mickey Cobra sets near them and I guess they don't go under the 5 (.. or they don't have structure and plus they only have love for their OWN set than any other sets.. like 051 for example. In particular, Ngaya Brunner admits to purchasing approximately 10 and one-half grams of crack from Davis. 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. Davis also argues that the sentencing court erred by admitting unreliable hearsay evidence when determining that he possessed with intent to distribute 50 to 150 grams of cocaine under U.S.S.G. Thf 44 is also very deep and they also rep cobra heavily. View Menu. 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.. The rationale for this is clear: The sentencing stage of a trial is one of the most important parts of the criminal process. 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. The Mickey Cobras are a large street gang affiliated with the nationwide gang alliance known as "People" and based in Chicago. "He's got the props. Also, the district court did not rely solely on witness testimony concluding that Hankton was responsible for distributing more than 500 grams of crack. 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 five-point star banner's collective name for joined gangs. 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. Gang members who sell "packs" of cocaine "on the line" must be finished with work by midnight. See supra p. 9.Hankton argues that the testimony of Detective Charles and Agent Darin as to his role in the MCs should not have been considered because they were [not] qualified as experts in anything. This is misleading, for the district court made an express finding that Detective Charles was indeed an expert on the MCs, see supra p. 7, as well as expressly finding him to be a credible witness. Likewise, Agent Darin was also expressly found by the judge to be a credible and reliable witness. 3. 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. An FBI-led task force and Chicago police arrested Hankton and 12 of the other suspects Thursday. The following day, Davis also agreed to plead guilty to possessing, with the intent to distribute, approximately 250 grams of cocaine, also in violation of 21 U.S.C. Reported as permanently closed. 26. Also, as the factfinder at sentencing, the judge was free to draw whatever conclusions he might about the testimony given and evidence introduced in order to determine an appropriate sentence. 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. Indeed, as we noted in United States v. Vega:Conversations regarding drug transactions are rarely clear. 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. While it may be true that the sentencing judge primarily focused on Hankton's gang activities, there was good reason for doing so. See U.S.S.G. Limit bathroom breaks to 15 minutes. 3B1.1(a).11. 738, 160 L.Ed.2d 621 (2005). 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. 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. 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. 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. Control means access to the profits from the drug trade. Hardamon, 188 F.3d at 849-50 (quoting United States v. Gerstein, 104 F.3d 973, 978 (7th Cir.1997)). He's got the Mercedes, and he's got a BMW too. After all, a sentencing court in making its sentencing determination must draw inferences from a variety of data, including the defendant's demeanor and information in the [presentence report], in order to reach [its] conclusion. See United States v. Frazier, 213 F.3d 409, 417 (7th Cir.2000) (quoting United States v. Fones, 51 F.3d 663, 665 (7th Cir.1995)). 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 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. Last summer, Hilbring recalled, officers seized an instruction list that a West Side gang was passing out to its drug customers. As a result of information provided by Gatlin, Arthur Hurd 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.