841(a)(1). Drug Charges Filed Against Alleged Gang Members 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. 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. 3B1.1(a).11. Thus, since 2D1.1 and 3B1.1 address different conduct and because the trial judge did not rely on Hankton's leadership role in the MCs to enhance his sentence pursuant to 2D1.1, there was no improper double counting and Hankton's claim fails in this regard. 31: "There will be no breaking into apartment or vacant apartment in the building.". 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. "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. INSTRUCTIONS REQUIRED FOR GANG MEMBERSHIP - Chicago Tribune Andrew Martin and Tribune Staff Writer. 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. Among the co-defendants were Woodrow Green, Jammah Olden, Rasuah Brunner, Ngaya Brunner, Timeka Murdock and Mekeba Gates, many of whom were also members of the MCs and all of whom also entered into plea agreements with the government. "If anyone break these laws or house rules more than three time, the penalty will increase," rule No. 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. 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 superseding indictment dated May 15, 2002, Clarence Hankton, Greg Davis and six other co-conspirators were charged in the United States District Court for the Central District of Illinois with conspiracy to possess with intent to distribute cocaine and cocaine base, in violation of 21 U.S.C. On the high end, Hankton may have supplied Olden with as much as 1071 grams of crack (which is equal to 1 oz. 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. 2D1.1 and 3B1.1 to his sentence constituted improper double counting. This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. The initial intercept ran from June 15 to July 14, 2000, when the warrant expired. 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. Mickey Cobras Foondit 1954 Namit efter Henry "Mickey" Cogwell Foondin location Westside, Chicago, Illinois, U.S. Years active 1954-Present Territory Chicago, Illinois Ethnicity Maistly African American Creeminal activities Drog Trokin, Robbery, Extortion, Murther Allies People Nation, Black P. Stones, Vice Lords Rivals 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. As Charles explained, Hankton held the position of don or foreman of the MCs at the Cabrini-Green housing project where Williams lived, and had the authority to order a violation of this kind. 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. 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). 10 Most Dangerous Housing Projects In Chicago (Chiraq) If you would ike to contact us via email please click . 7. According to Olden's testimony, which was unrebutted at sentencing, it was reasonable for the district court to conclude that Hankton personally distributed between 134 and 1071 grams of crack cocaine, to Olden alone, in the space of just these five months.26 See Salinas, 62 F.3d at 859; see also United States v. Durham, 211 F.3d 437, 444 (7th Cir.2000) (stating that estimates of drug quantity are acceptable if they are based on evidence possessing a sufficient indicia of reliability and not nebulous eyeballing). Hankton's plea agreement also set forth his disagreement as to the two enhancements proposed by the government under the sentencing guidelines: one concerning the drug quantity involved and another pertaining to Hankton's alleged leadership role in the offense. Also, Hankton and Davis were each charged with additional counts; Hankton was charged with knowingly and intentionally distributing over 150 grams of crack cocaine in violation of 21 U.S.C. 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. 27. 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.. The rules state that one gang member on "security" patrols the front door of the building, while the other mans the back door. He joined in 1978 when he was eight years old and left the gang in 1996. During the mid 1950s the Egyptian Cobras fought heavily with a gang called the 14th Street Clovers. of crack every four or five days over a period of five months). In addition, we reject Hankton's claim that the sentencing judge's application of U.S.S.G. However, a case was made, which was more than strong enough to convince the jury, that Vega used terms like chickens, roosters and it as code words for drugs. 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. Mickey Cobras - Wikipedia 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. 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). And gang members are forbidden from selling crack on the ground level of the building. Mickey Cobra History : r/Chiraqology - reddit "Prentis Smith testified that he was a former member of the Mickey Cobra street gang. Meaning that, without anything more, evidence of drug transactions referenced in the telephone recordings that Agent Darin testified concerning was sufficient to attribute over 500 grams of crack cocaine to Hankton under the sentencing guidelines. After a nine month undercover narcotics investigation, in January 1998 the Chicago Police Department arrested 31 Spanish Cobras in "Operation: Mongoose", including some gang leaders. 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. Last summer, Hilbring recalled, officers seized an instruction list that a West Side gang was passing out to its drug customers. a. 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. They don't want the heat. The District Court's Determination of Hankton's Drug Quantity. Factions of the gang are being established throughout the Midwestern United States. In the Illinois prison system, they are a part of the People Nation. This increased the pressure on law enforcement to go after the gang. Both men also contend that the district court erroneously enhanced their sentences based on insufficient and unreliable evidence. This is a highly deferential standard of review and we refuse to second-guess the sentencing judge. United States v. Cleggett, 179 F.3d 1051, 1059 (7th Cir.1999) (citing United States v. Garcia, 66 F.3d 851, 856 (7th Cir.1995)). 1820, 40 L.Ed.2d 341 (1974). "If there's no rules, no one knows what's going on. Mickey Cobras - Wikiwand As a result of information provided by Gatlin, Arthur Hurd 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). The indictment also alleged that the defendants participated in various other drug-related crimes arising out of their membership in, and affiliation with, the Mickey Cobras (MCs) street gang, which operated on the north-side of Chicago, Illinois during the 1980s and 1990s.2. Because neither Hankton nor Davis raised a Booker issue before the district court our review is for plain error only. The Latin King Gangs - 1535 Words | 123 Help Me On the record before us, we cannot ascertain with any exacting degree of certainty whether the sentencing judge would have imposed identical sentences for Hankton and Davis had he known that the sentencing guidelines were not mandatory at the time. whats the main difference between Mickey Cobras and Maniac Cobras See supra pp. The Mickey Cobras back in 1954 until 1960 were known as the Egyptian Cobras. The government concluded that, because Hankton had admitted to distributing 156 grams of cocaine and because the plea agreements attributed at least an additional 344 grams of crack to him, it was reasonable to conclude from the evidence presented at sentencing that he had distributed in excess of 500 grams of cocaine for the purposes of U.S.S.G 2D1.1. Davis also threatened violence when he learned that Olden's drug dealers had invaded his territory. This evidence unquestionably evinces a level of control sufficient to satisfy the manager or supervisor enhancement pursuant to 3B1.1(b). They changed their name to Cobra Stones in the late 1960s. 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. 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. 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.
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