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. "They don't want any trouble . of crack cocaine every four days over a period of five months). Mickey Cobras - Wikipedia Further, even if we were to assume, arguendo, that the testimony given by Agent Darin as well as the co-defendants' plea agreements was unreliable, the live testimony of Jammah Olden, without more, supported-or at the least lent great credence to-the conclusion that Hankton distributed in excess of 500 grams of crack cocaine. 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. 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. 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. 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. 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. Three Mickey Cobras members, including Lindsey Bell, the gang's chief enforcer, were convicted in Cook County Criminal Court of beating Williams to death with baseball bats in a hallway outside . The gang has distributed narcotics since the late 1960s . Around 1993-94 the various gangs in the Maniac Familia, led by the Manic Latin Disciples (MLD's) began having violent conflicts with . Allowing an illegal sentence to stand would constitute a miscarriage of justice, see White, 406 F.3d at 835-36. 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. 14 for the Mickey Cobras is "There will be no more paying brothers and sisters to do your security. 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 District Court's Determination of Hankton's Drug Quantity. However, unlike Hankton, Davis does not claim that Agent Darin's testimony was unreliable. Hardamon, 188 F.3d at 849-50 (quoting United States v. Gerstein, 104 F.3d 973, 978 (7th Cir.1997)). See, e.g., United States v. Sutton, 406 F.3d 472, 474 (7th Cir.2005). 841(a)(1) (Count VI). 18. The court also considered the testimony of Detective Charles and the statements made by Witnesses A and B in determining that Hankton was indeed a leader of the criminal enterprise. (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). There, he said, teenage gang members are more interested in their own pocketbook than gang loyalty. 14. 22. 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. We do however order a Limited Remand of both Hankton and Davis' sentences in accordance with the procedure set forth in United States v. Paladino. 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. In addition, we reject Hankton's claim that the sentencing judge's application of U.S.S.G. Bearing upon this was testimony given by a number of prosecution witnesses who confirmed Hankton's involvement in the murder of Annette Williams, a fellow member of the MCs, in April of 2004. The government also introduced the signed plea agreements of other members of the MCs in which they admitted that they had purchased crack cocaine from Hankton. metric-conversions.org/. Cuisine: American Neighborhood: Los Feliz Website: www.shuttersonthebeach.com 2D1.1. 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. 23. 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. Select a Rating! According to metric-conversions.org, .375 ounces equates to approximately 10.63107 grams. Introduced were the plea agreements of Davis, Woodrow Green, Jammah Olden, Rasuah Brunner, Ngaya Brunner, Timeka Murdock and Mekeba Gates. . 364, 54 L.Ed.2d 376 (1977). Mickey Cobras - Wikiwand name some mickey cobra sets, whos they opps and allies and - reddit See United States v. Schmeilski, 408 F.3d 917, 919 (7th Cir.2005). 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. Hankton was subsequently sentenced to a term of 300 months in prison, while Davis was sentenced to 210 months. 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. (internal citations omitted); (citing United States v. Parolin, 239 F.3d 922, 929 (7th Cir.2001)). However, because we have held that the court's consideration of the co-defendant's plea agreements at sentencing did not constitute clear error under any circumstances, we need not separately discuss Davis' challenge to the enhancements to his sentence under 3B1.1(b).Nonetheless, even if we were to hold that the plea agreements were unreliable and should not have been considered, the enhancement was still supported by the record. The rules, chock-full of mispellings and street slang, aren't contained in a tidy corporate packet or posted on a store bulletin board. 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. R. Evid. 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 rules make it clear that activities normally associated with gangs, like graffiti and fighting, are not acceptable while drugs are being sold, he said. 841 and 846. 16. During the investigation, the FBI temporarily used a member of the MCs to serve as a cooperating witness. In the Illinois prison system, they are a part of the People Nation. 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. "But none of the kids abide by it," he said. 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. The Mickey Cobras are a large street gang affiliated with the nationwide gang alliance known as "People" and based in Chicago. 45 warns, though it doesn't specify the punishment. A seller must turn over the proceeds from one pack before he can get another to sell, the rules state. Five others remain fugitives. As part of the plea agreement, the government agreed to recommend that Davis be granted a 3 level reduction for acceptance of responsibility pursuant to U.S.S.G. Imo..I think Maniac Cobras don't mess with other Mickey Cobra sets near them and I guess they don't go under the 5 (.. or they don't have structure and plus they only have love for their OWN set than any other sets.. like 051 for example. In addition, Hankton was charged with four separate counts of distribution of cocaine base, in violation of 21 U.S.C. 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. Although there was some ambiguity in Olden's testimony as to his interpretation of the terminology used by the MCs to refer to crack cocaine, he eventually testified that he purchased a hard form of cocaine from Hankton. 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. During the mid 1950s the Egyptian Cobras fought heavily with a gang called the 14th Street Clovers. 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. http://www. Indeed, the plea agreements were more than sufficiently corroborated at Hankton's sentencing hearing by the credible testimony of the live witnesses, i.e., Agent Darin and Detective Charles. The co-defendants' plea agreements submitted at Davis' sentencing demonstrated that Davis was in the habit of distributing crack cocaine. 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. This evidence was fully corroborated by the testimony of Agent Darin, which the sentencing judge expressly found to be credible. The testimony given by Detective Charles and Agent Darin was more than reliable and therefore properly considered by the district court in sentencing Hankton. Violations of the instructions in the memo "most certainly will not be tolerated," the chairman and his board write in the memo. In fact, 2D1.1 and 3B1.1(a) are premised on entirely different conduct; for while an individual may be found to have distributed a certain quantity of drugs making him eligible for a sentence enhancement under 2D1.1, he need not be a leader or organizer of a criminal activity, as described by 3B1.1, to do so. As to the quantity of drugs Hankton should be held responsible for, it was the government's position that, pursuant to U.S.S.G. Also a member of the MCs, Olden recounted that the main source of revenue for the gang was the sale of illegal drugs. 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.