53rd and state was the most notorious MC set but of course they're long gone. The Mickey Cobras now have their written constitution and by-laws, which, like the modern-day BPSN, have a strong Islamic influence. 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. 3B1.1 n. 1 (In distinguishing a leadership role from one of mere management or supervision, titles such as kingpin or boss are not controlling.). 841(a)(1) (Count VI). Thus, because Agent Darin's credible testimony corroborated the information contained in the co-defendants' plea agreements, the sentencing court did not err in finding that evidence reliable in concluding that Davis was responsible for possessing with the intent to distribute 50 to 150 grams of crack cocaine.27, B.Hankton's Leadership Role in the Offense. 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. 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. They are members of the People Nation in Illinois prisons. Heroin laced with fentanyl has been. 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)). 25. "It's just like any other corporation," said Donald Hilbring, commander of the Chicago police gang unit. See U.S.S.G. 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. We review the district court's application of the Sentencing Guidelines de novo. http://www. Many of the 46 regulations read like a manual for fast-food employees or convenience-store clerks. See, e.g., United States v. Hardamon, 188 F.3d 843, 849 (7th Cir.1999). In the Illinois prison system, they are a part of the People Nation. 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). . Although they very well could have been considered. See United States v. Sutton, 406 F.3d 472, 474 (7th Cir.2005) (citing United States v. Benitez, 92 F.3d 528, 538 (7th Cir.1996)). 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. Gatlin was murdered because he provided information to the police about the murder of Tony Dawson, a previously unsolved homicide in Minneapolis. A central theme to the Mickey Cobras' rules is respect for the drug customer. 2D1.1(a)(3), Hankton's base offense level was 34 due to the aggregate amount of drugs involved in the offenses he admitted to, i.e., more than 150 grams of crack. The government next introduced evidence directed towards establishing that Hankton was responsible for distributing more than 500 grams of crack cocaine, as opposed to the 150 grams he admitted to distributing. 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 other words, we may correct such an error only if it is intolerable, or results in a miscarriage of justice. See Paladino, 401 F.3d at 481. "It's a fallacy that they put on paper that you have to be 16 on the line. 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. The collective name of joined gangs under the five point star banner (V.L.,B.P.S.,L.K., M.C.,4.C.H.,). See id. It was allot of Cobra Stones but once Mickey died some stayed Stones,some became Mickey Cobras and some were King Cobras. At Davis' sentencing hearing, the government began by calling Agent Darin to the stand as the first witness in support of the contention that Davis' sentence should be enhanced for the possession with the intent to distribute 50 to 150 grams of crack cocaine. 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. Accordingly, consideration of any additional amounts attributable to him via his leadership role in the MCs was superfluous.30. 7. The Egyptian Cobras formed in the year 1954 on Chicago's west side on the corner of Roosevelt and Maxwell. 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. "Prentis Smith testified that he was a former member of the Mickey Cobra street gang. Not only are code words always used by drug conspirators when they realize, as they do in today's drug culture, that their telephone conversations are frequently intercepted, such term were obviously used by the conspirators in this case [W]e have frequently upheld conspiracy determinations made by judges and juries which have relied upon inferences that code words or obscure language were meant to refer to drugs.Harris, 271 F.3d at 702-03 (quoting United States v. Vega, 860 F.2d 779, 798 (7th Cir.1988), abrogated on other grounds by United States v. Durrive, 902 F.2d 1221 (7th Cir.1990)). See United States v. Barnes, 117 F.3d 328, 337 (7th Cir.1997). 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. (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, e.g., United States v. Sutton, 406 F.3d 472, 474 (7th Cir.2005). (T. 1981, 1993). ", Rule No. A.Validity of Davis and Hankton's Sentencing Enhancements. 8. Violations of the instructions in the memo "most certainly will not be tolerated," the chairman and his board write in the memo. 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. The gang's various criminal undertakings were coordinated through a hierarchical-type infrastructure and included, but were not limited to, the possession and distribution of powder cocaine and cocaine base (better known as crack).3. See United States v. Paladino, 401 F.3d 471, 481 (7th Cir.2005). Report to work on time. . ", And rule No. There, he said, teenage gang members are more interested in their own pocketbook than gang loyalty. 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. Primarily, the group known as Mickey Cobras controlled the sale of narcotics and the life of most residents up until the 2000s. 22. 2D1.1 and 3B1.1 to his sentence constituted improper double counting. On the high end, Hankton may have supplied Olden with as much as 1071 grams of crack (which is equal to 1 oz. 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. 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. It even cites the court case-Miranda vs. Arizona. 841(a)(1). 30. Davis also argues that the sentencing court erred by admitting unreliable hearsay evidence when determining that he possessed with intent to distribute 50 to 150 grams of cocaine under U.S.S.G. Yeah the cobras are deep in the low end. 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). 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. A fact-finder must always draw inferences from veiled allusions and code words. It is consistent with what the court has heard as the various defendants have entered their pleas of guilty. We agree with this assessment. of crack every four or five days over a period of five months). Davis disagreed with each of the proposed enhancements, in the plea agreement, reserved his right to argue his position at sentencing. The Cobras also moved into the cluster of three buildings in the Washington Park neighborhood at 53rd and State, these buildings were: 5326, 5323 1:30. See United States v. Schmeilski, 408 F.3d 917, 919 (7th Cir.2005). Torres-Ramirez, 213 F.3d at 980-81. 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. 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. 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)). 15. ", Rule No. 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. See id. (internal citations omitted); (citing United States v. Parolin, 239 F.3d 922, 929 (7th Cir.2001)). 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. 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. Both in Prison and in the street gangs in CA. 2D1.1(a)(4). An extension was applied for and granted on July 20, 2000, and allowed continued surveillance through August 18, 2000. 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. Copyright 2023, Thomson Reuters. "He's got the props. 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. They changed their name to Cobra Stones in the late 1960s. 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. Authorities said the charges marked the first time the gang has been targeted in a major federal prosecution. As a result of information provided by Gatlin, Arthur Hurd We disagree. According to metric-conversions.org, .375 ounces equates to approximately 10.63107 grams. 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. You must be 16 years old to work "on the line." 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. Nonetheless, [a] defendant has the due process right to be sentenced on the basis of accurate information. United States v. Salinas, 62 F.3d 855, 859 (7th Cir.1995) (citing United States v. Mustread, 42 F.3d 1097, 1101 (7th Cir.1994)). Officials said the Mickey Cobras include as many as 1,500 members and control the area around the Cabrini-Green public-housing complex. 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. Finally, the rules make clear that anyone who violates them will be dragged before the gang's "board" and punished. 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. 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. See Sutton, 406 F.3d at 474. On November 21, 2002, Hankton signed a plea agreement in which he admitted distributing approximately 156 grams of cocaine base to a confidential informant, in violation of 21 U.S.C. 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. Indeed, as we noted in United States v. Vega:Conversations regarding drug transactions are rarely clear. 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. 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. at 980. Hankton's role as King was also supported through Agent Darin's description of physical evidence that was confiscated from Hankton's residence upon a search warrant-such as letters calling Hankton the King, statues of cobras wearing crowns and jewelry of crowns-all referring to Hankton's leadership position in the gang as the King of Kings.. 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. 841 and 846. metric-conversions.org/. The testimony given by Detective Charles and Agent Darin was more than reliable and therefore properly considered by the district court in sentencing Hankton. See supra pp. 11. 2 Olden testified that eventually Hankton became King of the north side of the city. 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). 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. 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. Because we are convinced that the district court did not impermissibly consider unreliable evidence in enhancing Hankton or Davis' sentences for drug quantity and their respective leadership roles in the offense we uphold the validity of the sentencing enhancements imposed. 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.

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