7 results for 'cat:"Sentencing" AND cat:"Racketeering"'.
J. Malone finds a lower court properly convicted a defendant for Racketeer Influenced and Corrupt Organization practices. The defendant argued that his 138 month prison sentence is unreasonable based on his insistence that he was a minor during part of his criminal activities as a member of the Insane Crips. However, the state presented sufficient evidence in court that his ongoing crimes began when he was underage and continued into his adult life. Affirmed.
Court: Kansas Courts Of Appeal, Judge: Malone, Filed On: March 29, 2024, Case #: 125992, Categories: sentencing, racketeering, Gangs
J. Flaum finds that the lower court properly sentenced defendant on gang-related RICO charges. The court properly calculated defendant's offense level including his responsibility for a man's murder, because the crime was a jointly undertaken criminal activity and he was directly responsible under Illinois law even if defendant was not a gang leader. Affirmed.
Court: 7th Circuit, Judge: Flaum, Filed On: March 5, 2024, Case #: 23-1236, Categories: sentencing, racketeering, Gangs
Per curiam, the circuit finds the district court properly denied both defendants' motions for continuance and properly sentenced them both to life in prison on their RICO conspiracy, kidnapping and related convictions. Although they argue the district court improperly allowed an unlisted government witness to testify and failed to grant an alternative discovery motion, there is no general constitutional right to pretrial discovery of witnesses in non-capital cases. The within-guidelines sentences are reasonable. Affirmed.
Court: 5th Circuit, Judge: Per curiam, Filed On: February 15, 2024, Case #: 22-40619, Categories: sentencing, Kidnapping, racketeering
Per curiam, the circuit finds that the district court properly sentenced defendant to life plus 20 years and a $500 special assessment for racketeering and murder in aid of racketeering. Defendant argued the plain meaning of the criminal statute permitted a fine instead of life imprisonment on the latter count, but precedent dictates a mandatory minimum life sentence, as lawmakers would not likely intend to impose a fine without prison time. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 25, 2024, Case #: 21-2487-cr, Categories: Murder, sentencing, racketeering
J. Higginson finds the district court properly imposed the “standard” conditions of supervised release for defendant’s sentencing on his conviction for participating in a racketeering enterprise. The court satisfied the oral pronouncement requirement and there was no conflict with the written judgment. Affirmed.
Court: 5th Circuit, Judge: Higginson, Filed On: September 8, 2023, Case #: 22-20163, Categories: sentencing, racketeering
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J. Pryor finds that the district court properly convicted defendants of various charges including racketeering conspiracy involving murder, carjacking, attempted robbery and firearm offenses. Defendants are members of the Gangster Disciples gang. The district court correctly refused to play a video for the jury venire about unconscious bias and did not abuse its discretion by refusing to ask questions during voir dire about unconscious bias. The district court correctly refused to admit expert opinion testimony about the nature and structure of the gang and correctly refused to suppress evidence obtained through an extended wiretap of one defendant's phone. Three defendants' rights were not violated when the district court ordered them to wear ankle restraints throughout the trial. However, one defendant's firearm conviction under the Armed Career Criminal Act must be vacated in light of the U.S. Supreme Court's finding in United States v. Taylor that attempted Hobbs Act robbery is not a crime of violence under the statute. Affirmed.
Court: 11th Circuit, Judge: Pryor, Filed On: August 16, 2023, Case #: 19-15024, Categories: sentencing, racketeering, Gangs
J. St. Eve finds that the lower court properly convicted defendant of racketeering, attempted murder, kidnapping, and drug offenses, and sentenced him to life in prison. Defendant was properly convicted of attempted murder after he shot an arresting officer in the finger, and the state proved that this crime was a crime of violence for sentencing purposes. Affirmed.
Court: 7th Circuit, Judge: St. Eve, Filed On: July 5, 2023, Case #: 22-1477, Categories: Murder, sentencing, racketeering