U.S. v. Tello

Defendant was not entitled to withdraw his guilty plea on charge of conspiracy to conduct gang's affairs through pattern of racketeering activity under 18 USC section 1962(d). Ct. rejected defendant’s argument that predicate acts of racketeering referenced in his plea agreement varied materially from those alleged in indictment and found that defendant’s plea agreement tracked essential allegations of relevant count so as to establish defendant’s guilt on conspiracy charge. Ct. rejected defendant’s argument that govt. was required to show that he committed or agreed to commit two specific predicate acts of racketeering to establish racketeering conspiracy under section 1962(d). Remand, though, was required for new sentencing hearing where Dist. Ct. had exceeded scope of prior remand for new sentence hearing by imposing enhancement that had never been raised at original sentencing hearing.