7. He's got the Mercedes, and he's got a BMW too. This court has previously made clear that the control exerted by a defendant may either be direct or indirect in nature. ", Rule No. Control means access to the profits from the drug trade. We simply cannot be sure. In addition, we reject Hankton's claim that the sentencing judge's application of U.S.S.G. 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 . Last summer, Hilbring recalled, officers seized an instruction list that a West Side gang was passing out to its drug customers. The BPSN and MCN nations later went to war after the cobras blamed jeff fort for the hit. [1] 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. 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. 2 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)). Because neither Hankton nor Davis raised a Booker issue before the district court our review is for plain error only. of crack every four or five days over a period of five months). In other words, Davis must present this court with more than conclusory allegations that a government witness is unreliable; he must present evidence which would in some way rebut that testimony or demonstrate that it is inaccurate and should not have been relied upon by the sentencing judge. News from DEA, News Releases, 06/21/06 - DEA.gov (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). 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). Federal authorities dealt a blow Thursday to the Mickey Cobras street gang, charging 19 of its leaders and members with narcotics conspiracy and also indicting a top leader on charges he passed along orders to have a woman killed six years ago. Made public recently by police sources, the sheets outline how gang members should behave while peddling drugs in the Robert Taylor Homes. 1781, 152 L.Ed.2d 860 (2002). "They don't want any trouble . 8. 13. The gang has distributed narcotics since the late 1960s . 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. Factions of the gang are being established throughout the Midwestern United States. However, unlike Hankton, Davis does not claim that Agent Darin's testimony was unreliable. The founder of the Egyptian Cobras was James Cogwell. Learn more about FindLaws newsletters, including our terms of use and privacy policy. Brandon said the Mickey Cobras' rules "is just some attempt by the hierarchy to keep some sort of order. To support the proposed guidelines enhancements, the government presented evidence detailing Hankton's role as a leader or organizer within the MCs organization. The MS-13 is well known for their violent Behaviors. Darin testified as to a series of taped wiretap colloquies between Hankton and Davis about the proper way to cook or convert powder cocaine to crack cocaine.24 For example, during one of the taped consultations Davis acknowledges that he successfully cooked at least one ounce of cocaine that day and was fittin' [sic] to do more. In the same conversation Davis states that earlier in the day he had procured an additional dry nine or nine ounces of powder cocaine in hopes of perfecting his crack producing skills. Like the Cobras in Cabrini (the castle) were King Cobras and Mickey's. Then in the 90s to make it even worse Prince Money ( Mickey's son) flipped GD and allot of cobras went with him. 2D1.1. 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. 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. Also a member of the MCs, Olden recounted that the main source of revenue for the gang was the sale of illegal drugs. 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. 28: "There will be no getting hi or drinking on the line." And rule No.. ", The motivation for young gang members, Knox said, is "there is a way out of this misery, and I too can be a gang leader.". All customers entering the building must be searched. 5. Like many of Chicago street gangs, the Mickey Cobras have a long history. We disagree. Spanish Cobras - Wikipedia 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. 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. 18. "But none of the kids abide by it," he said. ", Rule No. The gang, called the Mickey Cobras, also sold crack cocaine, marijuana and the potentially lethal prescription painkiller fentanyl, according to authorities. Subtracting 3 points for Hankton's acceptance of responsibility, see U.S.S.G. 4655 Hollywood Blvd Los Angeles, CA 90027 (Map & Directions) Phone: (323) 669-3922. Many of the 46 regulations read like a manual for fast-food employees or convenience-store clerks. 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. Bell pleaded guilty and was sentenced to 40 years in prison, while the other two enforcers--Jamaine Jackson and Carl Williams--were convicted at trial and given 60-year prison terms each, according to Assistant State's Atty. A pen register is a mechanical device that records the numbers dialed on a telephone by monitoring the electrical impulses caused when the dial on the phone is released. United States v. New York Tel. And gang members are forbidden from selling crack on the ground level of the building. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Notes [ edit] See Barnes, 117 F.3d at 338. Was Thf Bayzoo Arrested In Chicago? Weapon Charges and Mugshots 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. For example, Agent Darin testified that as the king, Hankton was in charge of all the activities undertaken by the MCs on the north-side of the city, including the distribution of illegal narcotics. 1820, 40 L.Ed.2d 341 (1974). Mickey Cobras - Wikipedia Juwan Gatlin was a member of a street gang known as the Mickey Cobras. The rules state that one gang member on "security" patrols the front door of the building, while the other mans the back door. Sellers are allowed to have "a 60-sack on the line," meaning 60 small bags of cocaine in one pack, Guthrie said. "It's a fallacy that they put on paper that you have to be 16 on the line. 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. 841(a)(1), and Davis was charged with possession with intent to distribute cocaine, also in violation of 21 U.S.C. 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)). The informant agreed to wear an undercover recording device while interacting with Hankton. In a nine count superseding indictment issued on May 15, 2002, the grand jury charged both Hankton and Davis with participating in a conspiracy to possess with intent to distribute and to distribute in excess of 500 grams of cocaine and in excess of 50 grams of [crack cocaine] (Count I) and using communication devices in committing the conspiracy (Count VII) in violation of 21 U.S.C. "Prentis Smith testified that he was a former member of the Mickey Cobra street gang. During the investigation, the FBI temporarily used a member of the MCs to serve as a cooperating witness. Indeed, it would be antithetical to consider these to be mutually exclusive endeavors. Also, the reliability of the plea agreements-as well as Agent Darin's testimony for that matter-was bolstered by the fact that, at sentencing, Hankton took advantage of a reasonable opportunity to rebut the hearsay evidence used against him. United States v. Barnes, 117 F.3d 328, 338 (7th Cir.1997) (quoting United States v. Francis, 39 F.3d 803, 810 (7th Cir.1994)). Introduced were the plea agreements of Davis, Woodrow Green, Jammah Olden, Rasuah Brunner, Ngaya Brunner, Timeka Murdock and Mekeba Gates. Instead, Davis claims only that the introduction of the co-defendants' plea agreements constituted clear error due to the fact that the agreements were inadmissible hearsay. A pen register is usually installed at a central telephone facility [and] records on a paper tape all numbers dialed from [the] line to which it is attached. Please try again. 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. 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. 841(a)(1) (Count VI). Only if a defendant shows that the information before the court was inaccurate, and that the court relied on it can the defendant successfully challenge his sentence. United States v. Smith, 3 F.3d 1088, 1099 (quoting United States v. Johnson, 997 F.2d 248, 254 (7th Cir. This is not to mention the fact that Davis was provided with ample opportunity to rebut the hearsay evidence proffered against him in the form of the co-defendant plea agreements, either by calling his own exculpatory witnesses or through his cross examination of Agent Darin. They get lunch breaks, set time for shifts, are not supposed to socialize.". 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. 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. In order for a judge to be well advised of the facts surrounding the defendant's background, and particularly in view of the judge's obligation to the general public, as well as to the defendant, to be fair, reasonable, and just, it is imperative that he be allowed to draw upon a wealth of information concerning the defendant's background, from his date of birth up to and including the moment of sentencing In order to render justice to all the judge must be able to impress upon a defendant through the expansive contents of an all encompassing sentencing report that we are a country of laws and not men. 28. Specifically, Agent Darin testified as to the meaning and context of a number of intercepted phone conversations Davis had with Hankton and other individuals in which Davis discussed cooking large amounts of powder cocaine in order to produce crack cocaine. 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. 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. See United States v. Martinez, 289 F.3d 1023, 1028-29 (7th Cir.2002) (holding that reliability may be established by corroborating evidence). 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. Limit bathroom breaks to 15 minutes. Scott Lassar said the pursuit of street gangs remained a top priority because of their control of narcotics in Chicago and the resulting violence. 3E1.1. 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. 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. 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. on Febuary 25, 1977 Mickey Cogwell was killed, The Gunmen were never found. 2. The Spanish Cobras is a primarily, but not exclusively, . 841 and 846. Nonetheless, Hankton argues that the sentencing judge's mention of his leadership role in the organization while finding that he was also eligible for a sentence enhancement for distributing more than 500 grams of cocaine under 2D1.1 constituted impermissible double counting. 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. They are members of the People Nation in Illinois prisons. 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). In a number of those plea agreements, the defendants admit purchasing crack cocaine from Davis. Section 3B1.1 of the sentencing guidelines is applicable where the defendant was an organizer or leader of a criminal activity that involved five or more participants or was otherwise extensive. U.S.S.G. 841(a)(1). Olden testified that eventually Hankton became King of the north side of the city. Mickey Cobra History : r/Chiraqology - reddit 17. 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.). Copyright 2023, Thomson Reuters. 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)). 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. 15. 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. Find something similiar nearby. 30. 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. 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 disagreed with each of the proposed enhancements, in the plea agreement, reserved his right to argue his position at sentencing. For example, the co-defendants' plea agreements state that Hankton sold them primarily crack cocaine-according to the government's calculation, 1156 grams total. According to metric-conversions.org, .375 ounces equates to approximately 10.63107 grams. 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. See U.S.S.G. 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. 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. They changed their name to Cobra Stones in the late 1960s. metric-conversions.org/. whats the main difference between Mickey Cobras and Maniac Cobras . . Furthermore, Agent Darin also testified as to Davis' role as a manager/supervisor in the MCs drug operations. 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. "It's just like any other corporation," said Donald Hilbring, commander of the Chicago police gang unit. 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. 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. 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. Nonetheless, the government insisted that based on [Hankton's] offense conduct and relevant conduct he was actually responsible for distributing more than 500 grams of crack, which would result in an offense level of 36. Gangs and Organized Crime - Google Books The testimony given by Detective Charles and Agent Darin was more than reliable and therefore properly considered by the district court in sentencing Hankton. 2D1.1(a)(4). 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. Olden also explained that in 1997, Hankton held the position of Don of Dons of the Cabrini Green projects on the north side of the city of Chicago, a position granting Hankton authority over other gang members. All rights reserved. Based in Chicago an consistin lairgely o African-American memmership, the gang is considered vera mobile, wear the colour reid, an factions o the gang are bein established throughoot the Mid-wastren Unitit States. The initial intercept ran from June 15 to July 14, 2000, when the warrant expired. Contact us. Allowing an illegal sentence to stand would constitute a miscarriage of justice, see White, 406 F.3d at 835-36. 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. As a result of information provided by Gatlin, Arthur Hurd 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.". 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. 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. 24. 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 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. 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.". The Mickey Cobras back in 1954 until 1960 were known as the Egyptian Cobras. Mickey Cobras : r/Chiraqology - reddit 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. 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. See id. As this court has held, the pre-Booker mandatory application of the sentencing guidelines ipso facto constitutes plain error. Following Agent Darin's testimony, the government introduced Davis' plea agreement as well as the plea agreements of the other co-defendants. There are 30,000 to 50,000 MS-13 members and associate members that is worldwide. 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. 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. 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). 2D1.1. 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. Co., 434 U.S. 159, 161 n. 1, 98 S.Ct. Thf 44 is also very deep and they also rep cobra heavily. Hardamon, 188 F.3d at 849-50 (quoting United States v. Gerstein, 104 F.3d 973, 978 (7th Cir.1997)). 2. 364, 54 L.Ed.2d 376 (1977). Mickey Cobras - Infogalactic: the planetary knowledge core The Latin King Gangs - 1535 Words | 123 Help Me In 2006, multiple people died from overdose when a strengthened variant of heroin made its way into the houses. 841(a)(1). 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. mickey cobras laws - MEBW "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. (internal citations omitted); (citing United States v. Parolin, 239 F.3d 922, 929 (7th Cir.2001)). Indeed, the district court's imposition of a sentence in the middle of the range for Hankton, see supra p. 13, and at the lower-end of the range for Davis, see supra p. 16, may be an indication that, having been vested with greater discretion, the judge may well have imposed a sentence lighter than that required by the guidelines. Mickey Cobras - Wikiwand