U.S. v. Garcia

Record contained sufficient evidence to support defendants’ RICO convictions stemming from their involvement in gang-related murders and attempted murders, aggravated assaults, extortion and drug trafficking. Record showed that defendants, as members of Latin Kings gang, used violence and threats of violence to carryout revenge murders, discipline of fellow gang members and coercion of third-parties to pay “protection” money. Moreover, jury was not required to agree unanimously on existence of predicate acts supporting RICO conspiracy even though some defendants were not personally involved in all predicate acts. Fact that certain threats were made prior to dates set forth in indictment did not require different result. Moreover, Dist. Ct. could impose three consecutive 20-year sentences (for both predicate acts and RICO offense) to achieve maximum possible 60-year sentence, and fact that one defendant would likely die in prison as result of sentence did not require different result. Remand was required for new sentencing hearings for two defendants where Dist. Ct. failed to make finding as to applicable sentence range and failed to properly give another defendant credit for acceptance of responsibility.