22. The district judge mandated that the names of the witnesses be kept confidential, due to the fact that they feared retribution from the gang for their statements. Matt Brandon of the CHA tactical unit. All customers entering the building must be searched. The Egyptian Cobras formed in the year 1954 on Chicago's west side on the corner of Roosevelt and Maxwell. As to the quantity of drugs Hankton should be held responsible for, it was the government's position that, pursuant to U.S.S.G. The email address cannot be subscribed. 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. The record reflects that most of the large wholesale purchases involved powder, as opposed to crack, cocaine. 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. In another conversation, Darin described a conversation between Hankton and co-defendant Jammah Olden, where Olden requests that Hankton supply him with: About a half. Darin testified that, a half, as used in that particular context, referred to one half-ounce of crack cocaine. 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. See, e.g., United States v. Hardamon, 188 F.3d 843, 849 (7th Cir.1999). (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. 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. 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)). Thus, [s]o long as the information which the sentencing judge considers has sufficient indicia of reliability to support its probable accuracy, the information may properly be taken into account in passing sentence. United States v. Robinson, 164 F.3d 1068, 1070 (7th Cir.1999) (quoting United States v. Taylor, 72 F.3d 533, 543 (7th Cir.1995)). 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. 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. Davis disagreed with each of the proposed enhancements, in the plea agreement, reserved his right to argue his position at sentencing. United States v. Booker, 543 U.S. 220, 125 S.Ct. 14 for the Mickey Cobras is "There will be no more paying brothers and sisters to do your security. As Olden explained, Hankton would supply him with crack-essentially on credit-and then collect the proceeds from the sale of the crack from him at a later time. Agent Darin, a member of the FBI's joint gang task force and a trained drug traffic investigation agent, testified concerning Hankton's coordination of the drug trade for the MCs as well as his role as King or leader of the gang throughout the city in 2000 and 2001. United States v. Giordano, 416 U.S. 505, 549 n. 1, 94 S.Ct. Another defendant was already incarcerated in Cook County Jail on unrelated charges. INSTRUCTIONS REQUIRED FOR GANG MEMBERSHIP - Chicago Tribune The area around the buildings, at 5326 S. State St., 5322 S. State St. and 5323 S. Federal St., is known as "The Hole. "It's a fallacy that they put on paper that you have to be 16 on the line. This court has previously made clear that the control exerted by a defendant may either be direct or indirect in nature. (internal citations omitted); (citing United States v. Parolin, 239 F.3d 922, 929 (7th Cir.2001)). Indeed, as we noted in United States v. Vega:Conversations regarding drug transactions are rarely clear. 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. 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. In the Illinois prison system, they are a part of the People Nation. 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. 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. David Kelley. 29. Also, the district court did not rely solely on witness testimony concluding that Hankton was responsible for distributing more than 500 grams of crack. (T. 1981, 1993). 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). 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. 28: "There will be no getting hi or drinking on the line. 2D1.1(a)(4). 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. . 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). Authorities arrest alleged Chicago gang members in drug crackdown 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.. See id. 2D1.1. In particular, Ngaya Brunner admits to purchasing approximately 10 and one-half grams of crack from Davis. Subtracting 3 points for Hankton's acceptance of responsibility, see U.S.S.G. Chicago Police Detective Kenneth Charles, one of the officers charged with investigating Williams' murder and a court recognized expert on the MCs, related information that he uncovered which led him to believe that Hankton had ordered the beating that resulted in Williams' death. Factions of the gang are being established throughout the Midwestern United States. To support the proposed guidelines enhancements, the government presented evidence detailing Hankton's role as a leader or organizer within the MCs organization. "The leaders of street gangs should understand we know who they are, we know how to catch them and we're going to continue to be coming after them," Lassar told reporters. 1820, 40 L.Ed.2d 341 (1974). 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. Fraction began selling crack cocaine in Chicago at age 14 for the Gangster Disciples gang. 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. In addition, Hankton was charged with four separate counts of distribution of cocaine base, in violation of 21 U.S.C. Please try again. 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. 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. Hardamon, 188 F.3d at 849-50 (quoting United States v. Gerstein, 104 F.3d 973, 978 (7th Cir.1997)). 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)). As a result of information provided by Gatlin, Arthur Hurd The Spanish Cobras is a primarily, but not exclusively, . 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.). 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. Juwan Gatlin was a member of a street gang known as the Mickey Cobras. 3E1.1. The LA Eme is a Hispanic Organized crime. 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). On the high end, Hankton may have supplied Olden with as much as 1071 grams of crack (which is equal to 1 oz. See United States v. Schmeilski, 408 F.3d 917, 919 (7th Cir.2005). News from DEA, News Releases, 06/21/06 - DEA.gov As the district court concluded, given the entirety of the government's submission, [Agent Darin's testimony] is reliable evidence and should be given substantial weight by the court [i]t is corroborated [i]t all ties together. 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. 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. Improper and impermissible double counting only occurs when a district court imposes two or more upward adjustments within the guideline range, when both are premised on the same conduct. U.S. v. Haines, 32 F.3d 290, 293 (7th Cir.1994) (emphasis in original). 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. An FBI-led task force and Chicago police arrested Hankton and 12 of the other suspects Thursday. 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. Both in Prison and in the street gangs in CA. See Parra, 402 F.3d at 762. Gang members who sell "packs" of cocaine "on the line" must be finished with work by midnight. 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. 8-9; see also U.S.S.G. Bell pleaded guilty and was sentenced to 40 years in prison, while the other two enforcers--Jamaine Jackson and Carl Williams--were convicted at trial and given 60-year prison terms each, according to Assistant State's Atty. 10 Most Dangerous Housing Projects In Chicago (Chiraq) Both men also contend that the district court erroneously enhanced their sentences based on insufficient and unreliable evidence. We disagree and believe this argument is misplaced. 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. As this court held in United States v. Torres-Ramirez, credible corroborating testimony is sufficient to provide hearsay evidence, such as the plea agreements and the statements therein, with an indicia of reliability and satisfies the defendant's entitlement to have his sentence determined based on reliable evidence. 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. Accordingly, lest we allow an illegal sentence to stand, we believe it appropriate to order a limited remand in this case, while retaining jurisdiction, for proceedings consistent with this court's decision in Paladino, 401 F.3d at 483-84. 841(a)(1). Andrew Martin and Tribune Staff Writer. An extension was applied for and granted on July 20, 2000, and allowed continued surveillance through August 18, 2000. For example, the co-defendants' plea agreements state that Hankton sold them primarily crack cocaine-according to the government's calculation, 1156 grams total. See Barnes, 117 F.3d at 338. metric-conversions.org/. 14 for the Mickey Cobras is "There will be no more paying brothers and sisters to do your security." Rule No. 4. 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. 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.. Contact us. ", Rule No. In addition, we reject Hankton's claim that the sentencing judge's application of U.S.S.G. It is true that later in the same monologue the judge mentions the position Hankton occupied to illustrate the point that the actual amount attributable to him could reach even beyond 1.5 kilograms. It is clear from those statements, however, that without taking Hankton's leadership role in the offense into consideration, the judge determined that the sentencing enhancement should apply, making any other drug amounts attributable to Hankton via his leadership role superfluous.29 Said differently, the judge concluded that Hankton was personally responsible for distributing well beyond 500 gram[s] of crack cocaine, which justified the enhancement of his sentence under 2D1.1. The wiretap was granted pursuant to Title III of the Omnibus Crime Control and Safe Street Act of 1968, 18 U.S.C. Torres-Ramirez, 213 F.3d at 980-81. 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. A.Validity of Davis and Hankton's Sentencing Enhancements. They were originally known as the Cobrastones, and were formed in the Robert Taylor Homes in the early 1960s. Finally, the rules make clear that anyone who violates them will be dragged before the gang's "board" and punished. 2. Limit bathroom breaks to 15 minutes. I've caught them as young as 12 on the line.". Staff writer George Papajohn contributed to this article. 53rd and state was the most notorious MC set but of course they're long gone. 841 and 846. For example, although the judge recognized that Hankton was not the sole and only leader of the organization, he did exercise control [and] power [t]he telephone calls clearly establish that [t]hey show his concern for the organization itself, its image. In addition, the court referenced evidence presented by the government which illustrated Hankton's role in the murder of Annette Williams, see supra pp. Mickey Cobra History : r/Chiraqology - reddit 28. Through the use of the cooperating witness, the FBI was able to conduct a number of controlled purchases of crack cocaine. 25. Many of the 46 regulations read like a manual for fast-food employees or convenience-store clerks. 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. 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. Report to work on time. 18. Knox and gang investigators said lists like the one belonging to the Mickey Cobras are not uncommon among street gangs. Also a member of the MCs, Olden recounted that the main source of revenue for the gang was the sale of illegal drugs. 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. 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)). 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. 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. Stay up-to-date with how the law affects your life. 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. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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 . Despite success in the early stages of the investigation, in the Spring of 2000 investigators came upon a situation where the amount of information they required in order to sustain the issuance of criminal charges against members of the gang could no longer be safely obtained through the investigative techniques they were currently employing (i.e., without putting agents in danger).6 That being the case, the FBI applied for and received a court order authorizing a wiretap of Hankton's cellular phone.7 While monitoring the wiretap, FBI agents recorded a number of inculpatory conversations between Hankton and his associates during the months of June, July and August of 2000.8 The recorded conversations implicated Hankton, Davis and various other individuals in the trafficking and distribution of drugs, as well as other types of gang-related criminal activities and violence. The rules, chock-full of mispellings and street slang, aren't contained in a tidy corporate packet or posted on a store bulletin board. 3. 801, that evidence was corroborated by other evidence submitted at sentencing, and thus could reasonably be considered reliable by the sentencing judge. 4655 Hollywood Blvd Los Angeles, CA 90027 (Map & Directions) Phone: (323) 669-3922. What's more, Hankton's role as leader and organizer is rather persuasively illustrated by the fact that he had the power within the MCs organization to order the brutal beating and murder of one of the gang's members, Annette Williams. Rule No. Co., 434 U.S. 159, 161 n. 1, 98 S.Ct. According to metric-conversions.org, .375 ounces equates to approximately 10.63107 grams. It even cites the court case-Miranda vs. Arizona. PDF People v Lauderdale 2021 IL App (1st) 200109-U - Microsoft Mickey Cobras - Infogalactic: the planetary knowledge core Thf 44 is also very deep and they also rep cobra heavily. Copyright 2023, Thomson Reuters. However, even if the judge had taken into account Hankton's leadership role when determining the quantity of drugs attributing attributable to him, this would not have been improper because, as explained above, although there may have been some overlap in the factual predicate for both enhancements, each enhancement addressed distinct aspects of the defendant's conduct. Schmeilski, 408 F.3d at 919. While it may be true that the sentencing judge primarily focused on Hankton's gang activities, there was good reason for doing so. Gutta cobras (including) thf44 in the lowend probably the deep spot for cobras but they not . See supra p. 19-20. View Menu. 30 gang members would then be taken into custody. Accordingly, consideration of any additional amounts attributable to him via his leadership role in the MCs was superfluous.30. 738, 160 L.Ed.2d 621 (2005). Five others remain fugitives. Find something similiar nearby. Furthermore, Agent Darin also testified as to Davis' role as a manager/supervisor in the MCs drug operations. 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. The collective name of joined gangs under the five point star banner (V.L.,B.P.S.,L.K., M.C.,4.C.H.,). 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. 31: "There will be no breaking into apartment or vacant apartment in the building.". Among its demands: exact change, no cutting in line and no $1 bills. The gang, called the Mickey Cobras, also sold crack cocaine, marijuana and the potentially lethal prescription painkiller fentanyl, according to authorities. 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.". Mickey Cobras - Wikiwand 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. 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 In a number of those plea agreements, the defendants admit purchasing crack cocaine from Davis. The collective name of joined gangs under the five point star banner (V.L.,B.P.S.,L.K., M.C.,4.C.H.,). of crack every four or five days over a period of five months). 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. 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. 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. While in the gang, he achieved the rank of a 'prince.' He identified defendant in court as someone he had known for 20 years. "And they really do have elaborate procedures.". This evidence was fully corroborated by the testimony of Agent Darin, which the sentencing judge expressly found to be credible. Id. Olden testified that eventually Hankton became King of the north side of the city. On appeal, both Hankton and Davis argue that their respective sentences should be vacated as unconstitutional under the Sixth Amendment citing the district judge's belief that application of the guidelines was mandatory as well as the judge's subsequent enhancement of their sentences on facts which were neither proven to a jury beyond a reasonable doubt nor admitted by the appellants. 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. 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.
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