He's got the Mercedes, and he's got a BMW too. The informant agreed to wear an undercover recording device while interacting with Hankton. 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). 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. 22. In addition, Hankton was charged with four separate counts of distribution of cocaine base, in violation of 21 U.S.C. See, e.g., United States v. Von Loh, 417 F.3d 710, 712 (7th Cir.2005). You must be 16 years old to work "on the line." Cobras & Matadors ($) Write a Review. 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). In 2006, multiple people died from overdose when a strengthened variant of heroin made its way into the houses. 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. 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. 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. 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. 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. Also, the district court did not rely solely on witness testimony concluding that Hankton was responsible for distributing more than 500 grams of crack. They don't want the heat. We review the district court's application of the Sentencing Guidelines de novo. Not only do they give a vivid glimpse into the world of gangs but also, law enforcement authorities say, underline how central the drug business has become in some Chicago gangs. "And they really do have elaborate procedures.". See id. (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). The statements did suggest that the original order to issue Williams a beating may have emanated from, or been approved by, a higher authority in the gang; however, A and B agree that the order to beat Williams came to them directly from Hankton. "The loyalty is to the dollar," said Sgt. 14. They were originally known as the Cobrastones, and were formed in the Robert Taylor Homes in the early 1960s. Hankton was subsequently sentenced to a term of 300 months in prison, while Davis was sentenced to 210 months. Bearing upon this was testimony given by a number of prosecution witnesses who confirmed Hankton's involvement in the murder of Annette Williams, a fellow member of the MCs, in April of 2004. 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. The Mickey Cobras are a lairge street gang affiliatit wi the naitionwide gang affiliation kent as the People Nation. At a press conference that included officials from the FBI, Chicago police and the U.S. Bureau of Alcohol, Tobacco and Firearms, U.S. Atty. 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. Hardamon, 188 F.3d at 849-50 (quoting United States v. Gerstein, 104 F.3d 973, 978 (7th Cir.1997)). 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. 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. R. Evid. 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. Also a member of the MCs, Olden recounted that the main source of revenue for the gang was the sale of illegal drugs. (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. 28: "There will be no getting hi or drinking on the line." And rule No.. This court has previously made clear that the control exerted by a defendant may either be direct or indirect in nature. 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. All customers entering the building must be searched. See id. Co., 434 U.S. 159, 161 n. 1, 98 S.Ct. 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 record reflects that most of the large wholesale purchases involved powder, as opposed to crack, cocaine. 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. 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. Violations of the instructions in the memo "most certainly will not be tolerated," the chairman and his board write in the memo. Torres-Ramirez, 213 F.3d at 980-81. 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.". Because neither Hankton nor Davis raised a Booker issue before the district court our review is for plain error only. 2. Matt Brandon of the CHA tactical unit. 14 for the Mickey Cobras is "There will be no more paying brothers and sisters to do your security. In addition, we reject Hankton's claim that the sentencing judge's application of U.S.S.G. We disagree. 738, 160 L.Ed.2d 621 (2005). And gang members are forbidden from selling crack on the ground level of the building. 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 her apartment in the Cabrini-Green public housing development. Thus, because the plea agreements submitted at sentencing were corroborated by the credible testimony given by Agent Darin, as well as the live testimony of co-defendant Olden-both of which were subject to thorough cross-examination at sentencing-we hold that the sentencing judge did not err, much less commit clear error when considering this most reliable evidence when determining that Hankton was responsible for distributing in excess of 500 grams of crack cocaine pursuant to U.S.S.G. 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.. 841(a)(1), and Davis was charged with possession with intent to distribute cocaine, also in violation of 21 U.S.C. 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. 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. "They don't want any trouble . A.Validity of Davis and Hankton's Sentencing Enhancements. 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 the Illinois prison system, they are a part of the People Nation. Reported as permanently closed. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Through the use of the cooperating witness, the FBI was able to conduct a number of controlled purchases of crack cocaine. "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. Among the co-defendants were Woodrow Green, Jammah Olden, Rasuah Brunner, Ngaya Brunner, Timeka Murdock and Mekeba Gates, many of whom were also members of the MCs and all of whom also entered into plea agreements with the government. Hankton's initial argument is that statements made by Agent Darin concerning various wiretap phone conversations should not have been relied on by the sentencing judge in his determination that Hankton was responsible for the distribution of more than 500 grams of crack under the guidelines. 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. 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. 2D1.1 and 3B1.1 to his sentence constituted improper double counting. In addition, it was the government's position that the plea agreements received in evidence demonstrated Davis' authority position in the MCs, citing references to him as Sultan Supreme or lieutenant in the gang and leader of the MCs at the Lathrop Homes. The gang, called the Mickey Cobras, also sold crack cocaine, marijuana and the potentially lethal prescription painkiller fentanyl, according to authorities. 18. The Egyptian Cobras formed in the year 1954 on Chicago's west side on the corner of Roosevelt and Maxwell. 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. 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. Contact us. 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. 2D1.1(a)(4). Both in Prison and in the street gangs in CA. See supra p. 19-20. 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. 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. See, e.g., United States v. Sutton, 406 F.3d 472, 474 (7th Cir.2005). Thf 44 is also very deep and they also rep cobra heavily. Scott Lassar said the pursuit of street gangs remained a top priority because of their control of narcotics in Chicago and the resulting violence. "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. A central theme to the Mickey Cobras' rules is respect for the drug customer. 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). 2. 5. 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. Based on his understanding of the inner-workings of the MCs, Charles stated that on April 12, 2004, Williams had been issued a severe beating or violation as the MCs called it, for allegedly stealing approximately $3,000 from the gang. Specifically, investigators learned that both Hankton and Davis held leadership roles in the MCs. 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. 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 Barnes, 117 F.3d at 338. The LA Eme is a Hispanic Organized crime. 841(a)(1). Gatlin was murdered because he provided information to the police about the murder of Tony Dawson, a previously unsolved homicide in Minneapolis. 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. The initial intercept ran from June 15 to July 14, 2000, when the warrant expired. 1820, 40 L.Ed.2d 341 (1974). The MS-13 is well known for their violent Behaviors. 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. This is a highly deferential standard of review and we refuse to second-guess the sentencing judge. United States v. Cleggett, 179 F.3d 1051, 1059 (7th Cir.1999) (citing United States v. Garcia, 66 F.3d 851, 856 (7th Cir.1995)). Andrew Martin and Tribune Staff Writer. See Salinas, 62 F.3d at 859. 6. 801, that evidence was corroborated by other evidence submitted at sentencing, and thus could reasonably be considered reliable by the sentencing judge. The area around the buildings, at 5326 S. State St., 5322 S. State St. and 5323 S. Federal St., is known as "The Hole. 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. In a number of those plea agreements, the defendants admit purchasing crack cocaine from Davis. See United States v. Martinez, 289 F.3d 1023, 1028-29 (7th Cir.2002) (holding that reliability may be established by corroborating evidence). 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. Heroin laced with fentanyl has been. See, e.g., United States v. Morales, 994 F.2d 386, 388 (7th Cir.1993) (holding that [i]t is enough that more than one person was involved in the criminal activity and that the defendant played a leadership as distinct from a followership role) (citing United States v. Herrera, 878 F.2d 997 (7th Cir.1989)). Finally, the rules make clear that anyone who violates them will be dragged before the gang's "board" and punished. 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. Gang members who sell "packs" of cocaine "on the line" must be finished with work by midnight. Hankton responds that [i]t's guaranteed. Agent Darin testified that butter was a common code word for cocaine and that the two were actually discussing the future sale of either crack or powder cocaine. In addition, the government contended that Hankton's offense level should be increased by 4 levels because the defendant was an organizer and leader of criminal activity that involved five or more participants, pursuant to U.S.S.G. Five others remain fugitives. See United States v. Schmeilski, 408 F.3d 917, 920 (7th Cir.2005). 846 and 18 U.S.C. During the late 1980s and early 1990s, Clarence Hankton and Gregory Davis were prominent members of the MCs, a dangerous and violent street gang that operated primarily out of housing projects on the north-west side of Chicago. 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. Like many of Chicago street gangs, the Mickey Cobras have a long history. See, e.g., United States v. Hardamon, 188 F.3d 843, 849 (7th Cir.1999). 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. 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. 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)). of crack cocaine every four days over a period of five months). 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.. Although there was some ambiguity in Olden's testimony as to his interpretation of the terminology used by the MCs to refer to crack cocaine, he eventually testified that he purchased a hard form of cocaine from Hankton. 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. 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. 2. He joined in 1978 when he was eight years old and left the gang in 1996. 10. In order to corroborate Agent Darin's testimony, the prosecution called one of Hankton's co-defendants, Jammah Olden. Hankton also claims that the district court erroneously double counted when imposing his sentencing enhancements because the court considered his leadership within the MCs street gang both to enhance his sentence for finding him responsible for distributing more than 500 grams of cocaine, under 2D1.1, and for being an organizer or leader of a criminal activity, under 3B1.1. 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. 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). The gang is considered very mobile, and its colors are green, black, and red. In the Illinois prison system, they are a part of the People Nation. 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). 13. 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. Fraction began selling crack cocaine in Chicago at age 14 for the Gangster Disciples gang. Hankton and Davis were also charged with the knowing and intentional use of a communication facility (i.e., a telephone) in the commission of a felony (distribution of a controlled substance), and four separate counts of knowing and intentional distribution of cocaine base, in violation of 21 U.S.C. In addition, the judge agreed to maintain the two witnesses statements under seal on the similar grounds. 15. 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. 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. 16. 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. Limit bathroom breaks to 15 minutes. 45 warns, though it doesn't specify the punishment. 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. 3B1.1(a).11. 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. "It's a fallacy that they put on paper that you have to be 16 on the line. Officials said the Mickey Cobras include as many as 1,500 members and control the area around the Cabrini-Green public-housing complex. 14 for the Mickey Cobras is "There will be no more paying brothers and sisters to do your security." Rule No. [1] 27. 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 . Staff writer George Papajohn contributed to this article. The Spanish Cobras is a primarily, but not exclusively, . There are 30,000 to 50,000 MS-13 members and associate members that is worldwide. 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. 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.