U.S. v. Porraz

Dist. Ct. did not err in sentencing defendant to 188-month term of incarceration in RICO conspiracy charge, arising out of defendant’s leadership position in Latin Kings gang. Record showed that defendant controlled gang’s drug-trafficking activities, insured that gang was well-stocked with guns and required members to participate in “hood” days, where gang members held guns in order to protect gang’s territory. As such, Dist. Ct. could properly use sentencing guideline for conspiracy to commit murder, where defendant’s admitted conduct regarding protection of gang’s territory entailed shooting at rival gang, and where murder was foreseeable part of defendant’s agreement with gang members. Fact that defendant did not kill anyone did not require different result. Also, defendant failed to rebut presumption that instant within-guideline sentence was substantively unreasonable, and Dist. Ct. was not required to give any consideration of defendant’s request to be sentenced similarly to co-defendant, who had not yet been sentenced.