Limit bathroom breaks to 15 minutes. 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. In a number of those plea agreements, the defendants admit purchasing crack cocaine from Davis. "It's just like any other corporation," said Donald Hilbring, commander of the Chicago police gang unit. The record reflects that most of the large wholesale purchases involved powder, as opposed to crack, cocaine. 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. 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. In addition, the judge agreed to maintain the two witnesses statements under seal on the similar grounds. This is not to mention the fact that Davis was provided with ample opportunity to rebut the hearsay evidence proffered against him in the form of the co-defendant plea agreements, either by calling his own exculpatory witnesses or through his cross examination of Agent Darin. (internal citations omitted); (citing United States v. Parolin, 239 F.3d 922, 929 (7th Cir.2001)). 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. Furthermore, Agent Darin also testified as to Davis' role as a manager/supervisor in the MCs drug operations. 9. 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. 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. And gang members are forbidden from selling crack on the ground level of the building. 2518(1)(b) & (c). The Mickey Cobras are a lairge street gang affiliatit wi the naitionwide gang affiliation kent as the People Nation. 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. We disagree and believe this argument is misplaced. He's got the Mercedes, and he's got a BMW too. 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. 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. See Salinas, 62 F.3d at 859. Select a Rating! The memo notes that interrogations are inevitable because "not all business can be taken care of in a smooth way" and reminds gang members that police legally must inform them of their right to remain silent or have an attorney present before interviewing them. 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. Andrew Martin and Tribune Staff Writer. However, a case was made, which was more than strong enough to convince the jury, that Vega used terms like chickens, roosters and it as code words for drugs. Five others remain fugitives. 1781, 152 L.Ed.2d 860 (2002). Hardamon, 188 F.3d at 849-50 (quoting United States v. Gerstein, 104 F.3d 973, 978 (7th Cir.1997)). You must be 16 years old to work "on the line." However, as noted above, the relevant inquiry is not whether the plea agreements submitted at sentencing constituted hearsay, see Smith, 3 F.3d at 1100, but whether the plea agreements included a sufficient indicia of reliability to support [their] probable accuracy, Taylor, 72 F.3d at 543, which we conclude that they did. 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. It is consistent with what the court has heard as the various defendants have entered their pleas of guilty. We agree with this assessment. David Kelley. [1] The initial intercept ran from June 15 to July 14, 2000, when the warrant expired. 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. Where different aspects or components of the defendant's behavior are addressed by different enhancements, improper double counting has not occurred. 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. The Egyptian Cobras formed in the year 1954 on Chicago's west side on the corner of Roosevelt and Maxwell. See, e.g., United States v. Von Loh, 417 F.3d 710, 712 (7th Cir.2005). Gutta cobras (including) thf44 in the lowend probably the deep spot for cobras but they not . In addition, we reject Hankton's claim that the sentencing judge's application of U.S.S.G. The District Court's Determination of Hankton's Drug Quantity. Officials said the Mickey Cobras include as many as 1,500 members and control the area around the Cabrini-Green public-housing complex. See Barnes, 117 F.3d at 338. Brandon said the Mickey Cobras' rules "is just some attempt by the hierarchy to keep some sort of order. We disagree. The founder of the Egyptian Cobras was James Cogwell. 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 . As this court has stated numerous times [t]he law is very clear that a sentencing judge may appropriately conduct an inquiry broad in scope, largely unlimited either as to the kind of information he may consider, or the source from which it may come. A corollary to this general principle is the rule that a sentencing judge may consider relevant information without regard to the rules of evidence provided that the information has [a] sufficient indicia of reliability to support its probable accuracy. United States v. Lemmons, 230 F.3d 263, 267 (7th Cir.2000) (quoting U.S.S.G. 14 for the Mickey Cobras is "There will be no more paying brothers and sisters to do your security. 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. Factions of the gang are being established throughout the Midwestern United States. 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. Torres-Ramirez, 213 F.3d at 980-81. 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. On the high end, Hankton may have supplied Olden with as much as 1071 grams of crack (which is equal to 1 oz. The gang, called the Mickey Cobras, also sold crack cocaine, marijuana and the potentially lethal prescription painkiller fentanyl, according to authorities. 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. They are members of the People Nation in Illinois prisons. "It's a fallacy that they put on paper that you have to be 16 on the line. Smith was best friends with defendant's brother. at 980. (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. In order to honor Mickey, they changed their name to Mickey Cobras. Although they very well could have been considered. 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. Like many of Chicago street gangs, the Mickey Cobras have a long history. The email address cannot be subscribed. 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. Cuisine: American Neighborhood: Los Feliz Website: www.shuttersonthebeach.com Primarily, the group known as Mickey Cobras controlled the sale of narcotics and the life of most residents up until the 2000s. 801, that evidence was corroborated by other evidence submitted at sentencing, and thus could reasonably be considered reliable by the sentencing judge. As recounted above, Olden testified that for a period of five months (between June and October of 2000) Hankton personally supplied him with individual distribution amounts of crack cocaine-ranging in quantity from one eighth of an ounce to one ounce-every three to four days.
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