at 980. While in the gang, he achieved the rank of a 'prince.' He identified defendant in court as someone he had known for 20 years. 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. 3E1.1, the government recommended that Hankton's requisite offense level should be 37 and that, due to the fact his criminal history category was at level III, the appropriate sentencing range was 262 to 327 months. 3B1.1(b). See, e.g., United States v. Von Loh, 417 F.3d 710, 712 (7th Cir.2005). 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. 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. The Spanish Cobras is a primarily, but not exclusively, . 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. 738, 160 L.Ed.2d 621 (2005). 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. 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. 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. Olden stated that Hankton regularly supplied him with crack (not powder cocaine) which he was instructed to sell to others.17 Specifically, Olden testified that beginning in June of 2000 (until approximately October of 2000) Hankton had personally supplied him with amounts of crack cocaine ranging from one-eighth ounce to one-half ounce every three or four days. 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. 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. 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). 20. View Menu. 738, 160 L.Ed.2d 621 (2005) and United States v. Paladino, 401 F.3d 471 (7th Cir.2005). During the mid 1950s the Egyptian Cobras fought heavily with a gang called the 14th Street Clovers. 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. Subtracting 3 points for Hankton's acceptance of responsibility, see U.S.S.G. "He's got the props. 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. 27. 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. Although they very well could have been considered. The informant agreed to wear an undercover recording device while interacting with Hankton. whats the main difference between Mickey Cobras and Maniac Cobras ", Rule No. 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. In a number of those plea agreements, the defendants admit purchasing crack cocaine from Davis. Specifically, investigators learned that both Hankton and Davis held leadership roles in the MCs. 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. 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. metric-conversions.org/. 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.. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. 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)). The gang has distributed narcotics since the late 1960s . "It's just like any other corporation," said Donald Hilbring, commander of the Chicago police gang unit. 3B1.1(a). The founder of the Egyptian Cobras was James Cogwell. 22. 45 warns, though it doesn't specify the punishment. 841 and 846. 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. 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)). The testimony given by Detective Charles and Agent Darin was more than reliable and therefore properly considered by the district court in sentencing Hankton. 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. Cuisine: American Neighborhood: Los Feliz Website: www.shuttersonthebeach.com The authors have spent decades investigating gangs as well as researching their history and activities, and . Control means access to the profits from the drug trade. Authorities said the charges marked the first time the gang has been targeted in a major federal prosecution. The five-point star banner's collective name for joined gangs. 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. Mickey Cobras - Wikipedia 841(a)(1). 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.". 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). 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. All rights reserved. Accordingly, consideration of any additional amounts attributable to him via his leadership role in the MCs was superfluous.30. The wiretap was granted pursuant to Title III of the Omnibus Crime Control and Safe Street Act of 1968, 18 U.S.C. 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). Nothing could be further from the truth. 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. . 841(a)(1), and Davis was charged with possession with intent to distribute cocaine, also in violation of 21 U.S.C. Mickey Cobras - Wikipedia 24. Around 1993-94 the various gangs in the Maniac Familia, led by the Manic Latin Disciples (MLD's) began having violent conflicts with . 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 the Illinois prison system, they are a part of the People Nation. 15. The Mickey Cobras now have their written constitution and by-laws, which, like the modern-day BPSN, have a strong Islamic influence. Primarily, the group known as Mickey Cobras controlled the sale of narcotics and the life of most residents up until the 2000s. See id. Co., 434 U.S. 159, 161 n. 1, 98 S.Ct. 16. R. Evid. The district court sentenced Davis at the low end of the sentencing range and ordered that he be imprisoned for 210 months. 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. 9. 841(a)(1) (Count VI). 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. We simply cannot be sure. See United States v. Paladino, 401 F.3d 471, 481 (7th Cir.2005). 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. 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. Mickey Cobras - Wikiwand In order to corroborate Agent Darin's testimony, the prosecution called one of Hankton's co-defendants, Jammah Olden. See United States v. Schmeilski, 408 F.3d 917, 920 (7th Cir.2005). United States v. Booker, 543 U.S. 220, 125 S.Ct. Authorities arrest alleged Chicago gang members in drug crackdown Limit bathroom breaks to 15 minutes. They were originally known as the Cobrastones, and were formed in the Robert Taylor Homes in the early 1960s. 30. 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. (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). 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)). Knox's textbook, "An Introduction to Gangs," lists several gang constitutions, which are filled with rules, pseudo-religious ramblings and the expected problems with spelling. Gang members who sell "packs" of cocaine "on the line" must be finished with work by midnight. In addition, the judge agreed to maintain the two witnesses statements under seal on the similar grounds. Because neither Hankton nor Davis raised a Booker issue before the district court our review is for plain error only. Olden testified that eventually Hankton became King of the north side of the city. Mickey Cobras - Wikipedia There are 30,000 to 50,000 MS-13 members and associate members that is worldwide. 3E1.1. "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. 841(a)(1). Reported as permanently closed. Both Hankton and Davis challenge the district court's enhancement of their sentences based on drug quantity. U N P U B L I S H E D O P I N I O N - Minnesota 23. They are members of the People Nation in Illinois prisons. 364, 54 L.Ed.2d 376 (1977). 1820, 40 L.Ed.2d 341 (1974). We review the district court's application of the Sentencing Guidelines de novo. Furthermore, Agent Darin also testified as to Davis' role as a manager/supervisor in the MCs drug operations. 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. Davis also challenges the enhancement of his sentence under 3B1.1(b) for being a manager or supervisor (but not an organizer or leader) in the criminal activity on identical grounds. Although not dispositive as to his role as a leader in the organization, Hankton is referred to in the record first as don (during the late 1990s) and then as king (beginning in 1999). Meanwhile, Davis held the position of Sultan Supreme, a lieutenant and leader of the MCs at a particular locale-in this instance the Lathrop Homes projects on the north-west side of the city. United States v. Giordano, 416 U.S. 505, 549 n. 1, 94 S.Ct. Mickey Cobras - Infogalactic: the planetary knowledge core The Mickey Cobras back in 1954 until 1960 were known as the Egyptian Cobras. . "The loyalty is to the dollar," said Sgt. 14 for the Mickey Cobras is "There will be no more paying brothers and sisters to do your security. I've caught them as young as 12 on the line.". Nevertheless, as we have stated, the rules of evidence do not apply at sentencing, see Hardamon, 188 F.3d at 849, and the judge was entitled to consider any relevant evidence assuming that evidence included a sufficient indicia of reliability. See Robinson, 164 F.3d at 1070. 2D1.1 and 3B1.1 to his sentence constituted improper double counting. 7. Last summer, Hilbring recalled, officers seized an instruction list that a West Side gang was passing out to its drug customers. The gang, called the Mickey Cobras, also sold crack cocaine, marijuana and the potentially lethal prescription painkiller fentanyl, according to authorities. The email address cannot be subscribed. However, unlike Hankton, Davis does not claim that Agent Darin's testimony was unreliable. 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. 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. INSTRUCTIONS REQUIRED FOR GANG MEMBERSHIP - Chicago Tribune 2D1.1(a)(4). Also, the district court did not rely solely on witness testimony concluding that Hankton was responsible for distributing more than 500 grams of crack. 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. In addition, Hankton was charged with four separate counts of distribution of cocaine base, in violation of 21 U.S.C. mickey cobras laws - MEBW Instead, all of the evidence presented-as well as commonsense-suggest that, in fact, Hankton's gang activities were intimately, related to and intertwined with, his drug distribution activities. Gangs and Organized Crime - Google Books The gang is considered very mobile, and its colors are green, black, and red. They get lunch breaks, set time for shifts, are not supposed to socialize.". 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)). Although the plea agreements of the co-defendants may have constituted hearsay, see fed. Some of the factors for a sentencing court to consider when determining whether a defendant held a leadership role under 3B1.1 include: the defendant's (1) exercise of decision-making authority; (2) participation in committing the offense; (3) recruitment of accomplices; (4) degree of participation in planning or organizing the criminal activity; (5) degree of control or authority exercised over others involved in the criminal activity; and (6) the nature and scope of the illegal activity. United States v. Falcon, 347 F.3d 1000, 1004 (7th Cir.2003) (citing United States v. Noble, 246 F.3d 946, 953 (7th Cir.2001)). In 2006, multiple people died from overdose when a strengthened variant of heroin made its way into the houses. 2. The regular Mickey Cobras sets are definitely under the 5 (People Nation . Also a member of the MCs, Olden recounted that the main source of revenue for the gang was the sale of illegal drugs. In order to honor Mickey, they changed their name to Mickey Cobras. 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. Five others remain fugitives. Nonetheless, testimony from Chicago Police Detective Charles, as well as Agent Darin and Jammah Olden illustrated the power over the drug trade and gang activities that the title afforded Hankton. Indeed, as we noted in United States v. Vega:Conversations regarding drug transactions are rarely clear. 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. 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, 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. 8. For example, the co-defendants' plea agreements state that Hankton sold them primarily crack cocaine-according to the government's calculation, 1156 grams total. Report to work on time. "But none of the kids abide by it," he said. 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.". David Kelley. In addition, we reject Hankton's claim that the sentencing judge's application of U.S.S.G. The rationale for this is clear: The sentencing stage of a trial is one of the most important parts of the criminal process. 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. The Mickey Cobras are a lairge street gang affiliatit wi the naitionwide gang affiliation kent as the People Nation. It even cites the court case-Miranda vs. Arizona. 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. 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)). U.s. Accuses 19 Gang Members of Narcotics Conspiracy Where different aspects or components of the defendant's behavior are addressed by different enhancements, improper double counting has not occurred. 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. 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. Staff writer George Papajohn contributed to this article. ", Rule No. 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)). 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.. 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. This evidence was fully corroborated by the testimony of Agent Darin, which the sentencing judge expressly found to be credible.

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