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. I've caught them as young as 12 on the line.". As a result of information provided by Gatlin, Arthur Hurd 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. Thus, because witness testimony-the testimony of a witness, Agent Darin, whom the district judge had previously determined to be credible-was introduced to corroborate information contained in the co-defendant's plea agreements and thus infused that evidence with an indicia of reliability. See United States v. Martinez, 289 F.3d at 1028-29; Torres-Ramirez, 213 F.3d at 980. David Kelley. Instead, the government argued that, in addition to possessing powder cocaine, Davis was also responsible for possessing with the intent to distribute between 50 and 150 grams of crack cocaine, pursuant to U.S.S.G. Indeed, as we noted in United States v. Vega:Conversations regarding drug transactions are rarely clear. 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. 22. In addition, Hankton also claims that the district court erroneously double counted by relying on his leadership role in the offense to enhance his sentence under 3B1.1 and 2D1.1. During the investigation, the FBI temporarily used a member of the MCs to serve as a cooperating witness. Allowing an illegal sentence to stand would constitute a miscarriage of justice, see White, 406 F.3d at 835-36. (internal citations omitted); (citing United States v. Parolin, 239 F.3d 922, 929 (7th Cir.2001)). In order to assist the court in understanding Hankton's role in the drug trade, Agent Darin-based on his training and four years of experience with drug investigations-testified as to his interpretations of the conversations extracted from the FBI's wiretap recordings, which were replete with code language.14 Specifically, Darin provided background for a number of controlled drug purchases (from Hankton) conducted by the FBI15 and described admissions by the co-defendants that they purchased varying amounts of crack cocaine from Hankton. 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. Finally, over objection from defense counsel, the government introduced the plea agreements of seven of Hankton's co-defendants.19 In the plea agreements, which were signed and approved by each of the co-defendants and received into evidence at sentencing, the co-defendants describe receiving primarily crack cocaine from Hankton. The gang has existed since the late 1960s, boasts an estimated 1,000 to 1,500 members in Chicago and is described by authorities as violent, well-organized and actively involved in selling powder and crack cocaine on the West and North Sides. Indeed, it would be antithetical to consider these to be mutually exclusive endeavors. 8,000 to 10,000 that lives in the United States of America. Hankton was subsequently sentenced to a term of 300 months in prison, while Davis was sentenced to 210 months. 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). 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. 17. 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.. Drug Charges Filed Against Alleged Gang Members 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. Hardamon, 188 F.3d at 849-50 (quoting United States v. Gerstein, 104 F.3d 973, 978 (7th Cir.1997)). Learn more about FindLaws newsletters, including our terms of use and privacy policy. 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 district court sentenced Davis at the low end of the sentencing range and ordered that he be imprisoned for 210 months. 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. Not only do they give a vivid glimpse into the world of gangs but also, law enforcement authorities say, underline how central the drug business has become in some Chicago gangs. Primarily, the group known as Mickey Cobras controlled the sale of narcotics and the life of most residents up until the 2000s. Mickey Cobras - Wikipedia 841(a)(1). See Sutton, 406 F.3d at 474. In addition, we reject Hankton's claim that the sentencing judge's application of U.S.S.G. They were originally known as the Cobrastones, and were formed in the Robert Taylor Homes in the early 1960s. Davis disagreed with each of the proposed enhancements, in the plea agreement, reserved his right to argue his position at sentencing. 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. 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. 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.". 11. Select a Rating! 7. 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. An FBI-led task force and Chicago police arrested Hankton and 12 of the other suspects Thursday. 3B1.1(a).11. All rights reserved. Authorities arrest alleged Chicago gang members in drug crackdown 2D1.1 and 3B1.1 to his sentence constituted improper double counting. 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 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. The record reflects that most of the large wholesale purchases involved powder, as opposed to crack, cocaine. 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 particular, Ngaya Brunner admits to purchasing approximately 10 and one-half grams of crack from Davis. 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. 2. As recounted above, Olden testified that for a period of five months (between June and October of 2000) Hankton personally supplied him with individual distribution amounts of crack cocaine-ranging in quantity from one eighth of an ounce to one ounce-every three to four days. Sign in and out each day. Hankton's claim of impermissible double counting finds no support in the record, much less the voluminous amount of case law on this subject. 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). 801, that evidence was corroborated by other evidence submitted at sentencing, and thus could reasonably be considered reliable by the sentencing judge. "It's all geared for better business," Guthrie said. 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. 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. 841(a)(1) (Count VI). 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 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)). 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). We disagree and believe this argument is misplaced. Yeah the cobras are deep in the low end. 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. See, e.g., United States v. Von Loh, 417 F.3d 710, 712 (7th Cir.2005). United States v. Booker, 543 U.S. 220, 125 S.Ct. 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. 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. The narcotics investigation started in the fall of 1999 when an undisclosed cooperating witness, associated with Mickey Cobras members for about 13 years, agreed to wear a hidden recorder while buying narcotics from Hankton. Also, although premising multiple enhancements on identical facts' constitutes impermissible double counting the presence of some overlap in the factual basis for two or more upward adjustments does not automatically qualify as double counting. Id. The LA Eme is a Hispanic Organized crime. 25. 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. Although they very well could have been considered. 12. They changed their name to Cobra Stones in the late 1960s. "If there's no rules, no one knows what's going on. See United States v. Barnes, 117 F.3d 328, 337 (7th Cir.1997). 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. 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. 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. Thus, because the plea agreements submitted at sentencing were corroborated by the credible testimony given by Agent Darin, as well as the live testimony of co-defendant Olden-both of which were subject to thorough cross-examination at sentencing-we hold that the sentencing judge did not err, much less commit clear error when considering this most reliable evidence when determining that Hankton was responsible for distributing in excess of 500 grams of crack cocaine pursuant to U.S.S.G. Knox and gang investigators said lists like the one belonging to the Mickey Cobras are not uncommon among street gangs. 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. 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 2D1.1. In this case the jury was confronted with conversations which contained code words that, when considered in isolation, might seem unclear, veiled and almost nonsensical, but when analyzed properly, in the context of the totality of the evidence, can clearly be seen to be code words for drugs It is true that, advisedly, no explicit mention was ever made of cocaine or other drugs in any of Vega's conversations with the Zambranas. In the Illinois prison system, they are a part of the People Nation. Many of the 46 regulations read like a manual for fast-food employees or convenience-store clerks. 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. PDF People v Lauderdale 2021 IL App (1st) 200109-U - Microsoft 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. 26. The statements did suggest that the original order to issue Williams a beating may have emanated from, or been approved by, a higher authority in the gang; however, A and B agree that the order to beat Williams came to them directly from Hankton. The email address cannot be subscribed. 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. 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. Sellers are allowed to have "a 60-sack on the line," meaning 60 small bags of cocaine in one pack, Guthrie said. He joined in 1978 when he was eight years old and left the gang in 1996. (CHICAGO) - JUN 21--Drug Enforcement Administration agents and Chicago Police Department officers arrested 29 alleged members of the Mickey Cobras Street Gang who are suspected of trafficking fentanyl-laced heroin, crack cocaine, and marijuana in parts of Chicago's Southside. "Prentis Smith testified that he was a former member of the Mickey Cobra street gang. Introduced were the plea agreements of Davis, Woodrow Green, Jammah Olden, Rasuah Brunner, Ngaya Brunner, Timeka Murdock and Mekeba Gates. "The dope and the money-making is more important than the brotherhood," said Cmdr. 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. 8. 738, 160 L.Ed.2d 621 (2005) and United States v. Paladino, 401 F.3d 471 (7th Cir.2005). 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. Thf 44 is also very deep and they also rep cobra heavily. For example, the co-defendants' plea agreements state that Hankton sold them primarily crack cocaine-according to the government's calculation, 1156 grams total. 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. Nothing could be further from the truth. The National Law Review - National Law Forum LLC 3 Grant Square #141 Hinsdale, IL 60521 Telephone (708) 357-3317 or toll free (877) 357-3317. They get lunch breaks, set time for shifts, are not supposed to socialize.". 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. Limit bathroom breaks to 15 minutes. 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. Find something similiar nearby. "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. 28. 3B1.1(a) of the Guidelines.21 The district judge, after hearing and weighing the totality of the evidence, sentenced Hankton to 300 months imprisonment, which fell in the middle of the applicable guidelines range of 262 to 327 months. 6A1.3); see also United States v. Hardamon, 188 F.3d 843, 849 (7th Cir.1999) (stating that during the sentencing phase of a criminal proceeding the rules of evidence do not apply and the sentencing judge is free to consider a wide range of evidence including hearsay.). Gang investigators over the years also have confiscated edicts from imprisoned gang leader Larry Hoover, the "chairman" of the state's largest street gang, the Gangster Disciples, Knox said. 841(a)(1), and Davis was charged with possession with intent to distribute cocaine, also in violation of 21 U.S.C. Torres-Ramirez, 213 F.3d at 980-81. 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)). ", And rule No. "And they really do have elaborate procedures.". In the Illinois prison system, they are a part of the People Nation. In order to corroborate Agent Darin's testimony, the prosecution called one of Hankton's co-defendants, Jammah Olden. ", 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.". Report to work on time. 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 - Wikiwand Among its demands: exact change, no cutting in line and no $1 bills. The gang, called the Mickey Cobras, also sold crack cocaine, marijuana and the potentially lethal prescription painkiller fentanyl, according to authorities. 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. View Menu. The gang long has controlled the area of the Hole, though most of the other buildings in Robert Taylor are the turf of their rival, the Gangster Disciples. An extension was applied for and granted on July 20, 2000, and allowed continued surveillance through August 18, 2000. 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 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. 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. 23. UNITED STATES of America, Plaintiff-Appellee, v. Clarence HANKTON and Gregory Davis,1 Defendants-Appellants. However, unlike Hankton, Davis does not claim that Agent Darin's testimony was unreliable. See id. 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. 30 gang members would then be taken into custody. 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. 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. 53rd and state was the most notorious MC set but of course they're long gone. News from DEA, News Releases, 06/21/06 - DEA.gov This increased the pressure on law enforcement to go after the gang. 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. As this court has previously noted [i]t is well known that drug dealers commonly use code language out of fear that their conversations will be intercepted. United States v. Harris, 271 F.3d 690, 702 (7th Cir.2001). You must be 16 years old to work "on the line." Days later in another conversation, Hankton asks Davis-who was apparently having problems cooking up some crack-whether he was cooking it on a stove or not, and Davis responds: No. 21. 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. See U.S.S.G. 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)). 846 and 18 U.S.C. 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). See id. 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. 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. . In one conversation with a MCs associate, for example, Hankton is asked whether he got that butter?. Was Thf Bayzoo Arrested In Chicago? Weapon Charges and Mugshots 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). Matt Brandon of the CHA tactical unit. 45 warns, though it doesn't specify the punishment. 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. [1] 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. 841(a)(1). See id. "He's got the props. "It's a fallacy that they put on paper that you have to be 16 on the line. It even cites the court case-Miranda vs. Arizona. In Gangs and Organized Crime, George W. Knox, Gregg W. Etter, and Carter F. Smith offer an informed and carefully investigated examination of gangs and organized crime groups, covering street gangs, prison gangs, outlaw motorcycle gangs, and organized crime groups from every continent.