United States v. Mathis

932 F.3d 242 (2019) United States Court of Appeals for the Fourth Circuit 2019-07-31

criminal; members of a street-gang set convicted by a jury of RICO conspiracy under § 1962(d) and related VICAR, witness-tampering, obstruction and § 924(c) offenses; CA4 upheld the RICO conspiracy convictions against sufficiency challenges, vacated only § 924(c) counts predicated on Virginia kidnapping, and remanded for resentencing (result: claimant-won)

Facts

  1. 2 Enterprise (§ 1961(4)): legal entity or association-in-fact satisfied proved
    The Supreme Court has explained that an "association-in-fact enterprise" must have "at least three structural features: a purpose, relationships among those associated with the enterprise, and longevity sufficient to permit these associates to pursue the enterprise's purpose."
  2. 2 Enterprise (§ 1961(4)): legal entity or association-in-fact satisfied proved
    Here, the government presented sufficient evidence from which a reasonable jury could conclude that DNGS was an "enterprise," within the meaning of the RICO statute.
  3. 2 Enterprise (§ 1961(4)): legal entity or association-in-fact satisfied proved
    DNGS members received tattoos and wore red clothing signifying their membership in the gang, congregated regularly at membership meetings, and had a set of governing rules that members were expected to follow.
  4. 2 Enterprise (§ 1961(4)): legal entity or association-in-fact satisfied proved
    Members shared a common function and purpose, namely, to enrich members of the gang by "putting in work" through the commission of violent crimes and selling drugs.
  5. 2 Enterprise (§ 1961(4)): legal entity or association-in-fact satisfied proved
    And here, the government's evidence established that DNGS had a clearly delineated leadership structure.
  6. 11 Conspiracy to violate § 1962(a), (b), or (c) (§ 1962(d)) satisfied proved
    "[A] defendant can conspire to violate RICO and violate [ Section] 1962(d) without himself committing or agreeing to commit the two or more acts of racketeering activity."
  7. 11 Conspiracy to violate § 1962(a), (b), or (c) (§ 1962(d)) satisfied proved
    Both men were the enterprise's founders and leaders.
  8. 11 Conspiracy to violate § 1962(a), (b), or (c) (§ 1962(d)) satisfied proved
    Both defendants had a central role in directing the enterprise, which required its members to commit crimes for the gang's welfare and support.
  9. 11 Conspiracy to violate § 1962(a), (b), or (c) (§ 1962(d)) satisfied proved
    These facts strongly support the jury's conclusion that Halisi and Stokes were actively involved in the RICO conspiracy conducted by DNGS, including the robberies committed by the capital defendants and others.
  10. 11 Conspiracy to violate § 1962(a), (b), or (c) (§ 1962(d)) satisfied proved
    Halisi and Stokes ordered the destruction of, or directly destroyed, evidence related to Quick's murder, including Quick's ATM card, the murder weapon, and the phones belonging to DNGS members.