mickey cobras laws

The evidence presented at sentencing did not separate Hankton's activities into two distinct categories of: (1) gang activities; and (2) drug activities. 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. ", Rule No. In order to honor Mickey, they changed their name to Mickey Cobras. While in the gang, he achieved the rank of a 'prince.' He identified defendant in court as someone he had known for 20 years. On the high end, Hankton may have supplied Olden with as much as 1071 grams of crack (which is equal to 1 oz. They don't want the heat. This evidence was fully corroborated by the testimony of Agent Darin, which the sentencing judge expressly found to be credible. 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. 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. The BPSN and MCN nations later went to war after the cobras blamed jeff fort for the hit. He joined in 1978 when he was eight years old and left the gang in 1996. 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)). 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.. 846 and 18 U.S.C. Cobras & Matadors ($) Write a Review. 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. The founder of the Egyptian Cobras was James Cogwell. As a result of information provided by Gatlin, Arthur Hurd 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. See Sutton, 406 F.3d at 474. ", The motivation for young gang members, Knox said, is "there is a way out of this misery, and I too can be a gang leader.". Find something similiar nearby. See id. 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). 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. 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. See id. 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. See, e.g., United States v. Von Loh, 417 F.3d 710, 712 (7th Cir.2005). 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. 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. Many of the 46 regulations read like a manual for fast-food employees or convenience-store clerks. Robert Guthrie, a former gang-crimes investigator who now oversees the department's public housing unit. of crack every four or five days over a period of five months). Notes [ edit] 20. 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). 7. View Menu. 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. Sellers are allowed to have "a 60-sack on the line," meaning 60 small bags of cocaine in one pack, Guthrie said. 841(a)(1). 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 district court's determination concerning a defendant's role in the offense is a finding of fact, subject to a clearly erroneous standard of review on appeal, United States v. Brown, 900 F.2d 1098, 1101 (7th Cir.1990), and this remains the case post-Booker. See United States v. Barnes, 117 F.3d 328, 337 (7th Cir.1997). 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. 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 National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 or toll free (877) 357-3317. See United States v. Martinez, 289 F.3d 1023, 1028-29 (7th Cir.2002) (holding that reliability may be established by corroborating evidence). 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. 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. 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. Olden testified that eventually Hankton became King of the north side of the city. (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. We review the district court's application of the Sentencing Guidelines de novo. 2D1.1. Specifically, Hankton and Davis claim that the district court erroneously calculated the quantity of drugs attributable to them and that evidence (e.g., wiretap evidence) concerning their respective leadership roles in the drug offenses was inadmissible and unreliable and should not have been considered by the sentencing judge. The Mickey Cobras now have their own unique written constitution and by-laws, which show a strong Islamic influence, just like those of the modern-day BPSN. The disparate nature of behavior addressed under each enhancement, without more, suggests that impermissible double counting pursuant to those particular enhancements would be most unlikely. A and B's statements also unequivocally acknowledge that the order to beat or issue a violation to Williams-which resulted in her death-was issued by Hankton personally.13 They also related that the violation or beating was ordered because Williams had stolen some money from the gang. Also a member of the MCs, Olden recounted that the main source of revenue for the gang was the sale of illegal drugs. The MS-13 is well known for their violent Behaviors. Fraction and eight of the 11 codefendants charged in the complaint are or have been affiliated with the Vice Lords, the Black P Stones, and the Mickey Cobra Stones, all of which are subgroups of the Chicago-based People gang. 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. Please try again. 8,000 to 10,000 that lives in the United States of America. Made public recently by police sources, the sheets outline how gang members should behave while peddling drugs in the Robert Taylor Homes. 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. Juwan Gatlin was a member of a street gang known as the Mickey Cobras. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Like many of Chicago street gangs, the Mickey Cobras have a long history. Thus, because Hankton was a leader of the MCs, and because the gang was primarily concerned with dealing illegal drugs, it was entirely reasonable and logical for the sentencing judge to infer that Hankton's role as leader of the gang was related to his distribution of crack cocaine.28. 19. There are 30,000 to 50,000 MS-13 members and associate members that is worldwide. 45 warns, though it doesn't specify the punishment. 30. The gang long has controlled the area of the Hole, though most of the other buildings in Robert Taylor are the turf of their rival, the Gangster Disciples. 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. 841(a)(1). "And they really do have elaborate procedures.". The regular Mickey Cobras sets are definitely under the 5 (People Nation . Mickey Cobras - Wikiwand 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). 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. 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. Gangs and Organized Crime - Google Books The record reflects that Davis, during intercepted phone conversations, repeatedly referred to people on the street selling drugs as his workers. See supra p. 13. 14 for the Mickey Cobras is "There will be no more paying brothers and sisters to do your security." Rule No. 25. Violations of the instructions in the memo "most certainly will not be tolerated," the chairman and his board write in the memo. 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. I've caught them as young as 12 on the line.". When the amounts of crack cocaine that the co-defendants admitted Hankton distributed to them were tallied, the government estimated that the amount of crack Hankton distributed (as established in the plea agreement documents alone) to be 1166 grams. 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. 17. 3E1.1. U N P U B L I S H E D O P I N I O N - Minnesota 23. 2D1.1 and 3B1.1 to his sentence constituted improper double counting. 841(a)(1), and Davis was charged with possession with intent to distribute cocaine, also in violation of 21 U.S.C. PDF People v Lauderdale 2021 IL App (1st) 200109-U - Microsoft An extension was applied for and granted on July 20, 2000, and allowed continued surveillance through August 18, 2000. (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). See United States v. Torres-Ramirez, 213 F.3d 978, 980-81 (7th Cir.2000) Under circumstances such as these we are unwilling to find fault with the sentencing judge's decision to credit Darin's statement in determining the drug quantity attributable to Hankton. They were originally known as the Cobrastones, and were formed in the Robert Taylor Homes in the early 1960s. 2. Davis disagreed with each of the proposed enhancements, in the plea agreement, reserved his right to argue his position at sentencing. 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. 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 loyalty is to the dollar," said Sgt. 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. They changed their name to Cobra Stones in the late 1960s. 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. See United States v. Paladino, 401 F.3d 471, 481 (7th Cir.2005). The Mickey Cobras now have their written constitution and by-laws, which, like the modern-day BPSN, have a strong Islamic influence. 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. See United States v. Schmeilski, 408 F.3d 917, 919 (7th Cir.2005). 24. 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. Mickey Cobra History : r/Chiraqology - reddit Specifically, he claims that notwithstanding evidence that he held a high rank in the MCs, his role in that organization did not make him a leader or organizer in a drug distribution offense. Hankton stresses that his rank in the MCs alone did not translate into leadership responsibility, much less control over the gang's drug distribution activities. The record reflects that most of the large wholesale purchases involved powder, as opposed to crack, cocaine. Indeed, it would be antithetical to consider these to be mutually exclusive endeavors. Also, information from the wiretaps demonstrated that Hankton used his position in the gang to facilitate his drug transactions, collect money for himself and protect the gang's drug dealing territory. There, he said, teenage gang members are more interested in their own pocketbook than gang loyalty. 11. 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. All rights reserved. Which would make his base offense level 32. Hardamon, 188 F.3d at 849-50 (quoting United States v. Gerstein, 104 F.3d 973, 978 (7th Cir.1997)). As explained infra, the rules of evidence do not apply at sentencing, thus the judge's decision to consider the code language testimony given by Agent Darin was squarely within his discretion. The rules state that one gang member on "security" patrols the front door of the building, while the other mans the back door. Mickey Cobras - Infogalactic: the planetary knowledge core A central theme to the Mickey Cobras' rules is respect for the drug customer. 14 for the Mickey Cobras is "There will be no more paying brothers and sisters to do your security. 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. "They don't want any trouble . 14. Subtracting 3 points for Hankton's acceptance of responsibility, see U.S.S.G. In accordance with Rule 11(c)(1)(C) of the Federal Rules of Criminal Procedure Hankton pled guilty to three counts of distribution of crack cocaine, in violation of 21 U.S.C. The gang has existed since the late 1960s, boasts an estimated 1,000 to 1,500 members in Chicago and is described by authorities as violent, well-organized and actively involved in selling powder and crack cocaine on the West and North Sides. Notes [ edit] 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. Control means access to the profits from the drug trade. In particular, Ngaya Brunner admits to purchasing approximately 10 and one-half grams of crack from Davis. We disagree. Stay up-to-date with how the law affects your life. (T. 1981, 1993). The area around the buildings, at 5326 S. State St., 5322 S. State St. and 5323 S. Federal St., is known as "The Hole. Both men also contend that the district court erroneously enhanced their sentences based on insufficient and unreliable evidence. If you would ike to contact us via email please click . 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. "If there's no rules, no one knows what's going on.