In the last two decades, authorities said, they have confiscated typewritten gang bylaws and constitutions, rules for drug dealing, charts of gang hierarchy and a how-to guide for drive-by shootings. 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. 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). 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). Among its demands: exact change, no cutting in line and no $1 bills. (T. 1981, 1993). TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. 738, 160 L.Ed.2d 621 (2005) and United States v. Paladino, 401 F.3d 471 (7th Cir.2005). 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. While it may be true that the sentencing judge primarily focused on Hankton's gang activities, there was good reason for doing so. On the high end, Hankton may have supplied Olden with as much as 1071 grams of crack (which is equal to 1 oz. According to metric-conversions.org, .375 ounces equates to approximately 10.63107 grams. UNITED STATES v. HANKTON | FindLaw 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. What's more, Detective Charles testified that he personally witnessed Hankton standing with several other men in the parking lot of Williams' building at 1150-60 North Sedgwick Street, from 8:00-10:00 p.m. the evening of her murder. 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.". We uphold the validity of both Hankton and Davis' sentence, but remand to the district court for further consideration as mandated by this court's decision in United States v. Paladino, 401 F.3d 471 (7th Cir.2005). Rule No. The trial judge concluded that Davis' base offense level was 32 along with five criminal history points, meaning that the appropriate sentencing range to be applied was 210 to 262 months. 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 BPSN and MCN nations later went to war after the cobras blamed jeff fort for the hit. The gang has distributed narcotics since the late 1960s . A.Validity of Davis and Hankton's Sentencing Enhancements. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. 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. News from DEA, News Releases, 06/21/06 - DEA.gov 45 warns, though it doesn't specify the punishment. This increased the pressure on law enforcement to go after the gang. 28: "There will be no getting hi or drinking on the line. 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. 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. When determining the drug quantity attributable to Hankton pursuant to 2D1.1 the judge specifically found that, considering the admissions of the defendant in the plea agreement as well as the evidence concerning the intercepted phone conversations, Hankton was responsible for distributing well beyond 500 gram[s] of crack. Mickey Cobras - Infogalactic: the planetary knowledge core ", Rule No. See supra p. 13. Which would make his base offense level 32. The Mickey Cobras are a lairge street gang affiliatit wi the naitionwide gang affiliation kent as the People Nation. 841(a)(1). It is consistent with what the court has heard as the various defendants have entered their pleas of guilty. We agree with this assessment. In a number of those plea agreements, the defendants admit purchasing crack cocaine from Davis. The gang, called the Mickey Cobras, also sold crack cocaine, marijuana and the potentially lethal prescription painkiller fentanyl, according to authorities. 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. 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)). 7-8, when stating that Hankton exercised authority over persons, certainly well more than five or ten. However, Hankton claims that rather than directing its remarks to Mr. Hankton's conduct as it related to the actual offence, i.e., drug distribution, the court dwelled on Mr. Hankton's gang activities. This statement is nothing more than a self-serving red herring. 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). 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. 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. David Kelley. Robert Guthrie, a former gang-crimes investigator who now oversees the department's public housing unit. Andrew Martin and Tribune Staff Writer. 1781, 152 L.Ed.2d 860 (2002). whats the main difference between Mickey Cobras and Maniac Cobras See U.S.S.G. The regular Mickey Cobras sets are definitely under the 5 (People Nation . During the mid 1950s the Egyptian Cobras fought heavily with a gang called the 14th Street Clovers. 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. 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. Contact us. In 2006, multiple people died from overdose when a strengthened variant of heroin made its way into the houses. UNITED STATES of America, Plaintiff-Appellee, v. Clarence HANKTON and Gregory Davis,1 Defendants-Appellants. 4655 Hollywood Blvd Los Angeles, CA 90027 (Map & Directions) Phone: (323) 669-3922. Gatlin was murdered because he provided information to the police about the murder of Tony Dawson, a previously unsolved homicide in Minneapolis. 25. See supra p. 3 n. 3 and accompanying text. In the Illinois prison system, they are a part of the People Nation. 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. Also, as the factfinder at sentencing, the judge was free to draw whatever conclusions he might about the testimony given and evidence introduced in order to determine an appropriate sentence. Los Angeles, California Employment Laws Overview - The National Law Review Torres-Ramirez, 213 F.3d at 980-81. See Sutton, 406 F.3d at 474. mickey cobras laws - MEBW 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)).

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