Kankakee Daily Journal Homes For Rent, Oklahoma State Football Club Seats, Dan Spilo Talent Manager, Articles L

2d 435 (2000), had not yet been filed, but, as acknowledged by the district court during the sentencing hearings, the pivotal decisions in United States v. Dale, 178 F.3d 429 (6th Cir. The declaration of the district court during the Gallashaw sentencing hearing indicates that the printed instructions submitted to the jury were not corrected by adding the omitted reference to marijuana. Best search engine for True crime stories | Mugshots.com The Government shall be granted the opportunity, in a timely fashion, to consent to a re-sentencing of the Defendants as to Count 1 based on a maximum sentence of five years or to elect to proceed against one or more of the Defendants with a new trial on Count 1 with a special verdict. Travis Labhart Stats, News, Bio | ESPN 19 at 11-12, 14-17. vol. %%EOF The conjunction "or" crept into the oral instructions. Among the accusations: five murders, including that of Cynthia Brown, a government witness killed in 1997 two days before her scheduled testimony against Corey Smith, the reputed leader of the John Does. 2001). /S 348 By contrast, only three Broward County inmates have been housed for more than five years. Surely the grand jury, having found that the conspiracy existed, would have also found that the conspiracy involved at least 50 grams of cocaine base. ", As to Counts 10 and 11, the Government called Juan Bruna, a forensic chemist for the Drug Enforcement Agency, to identify the substances and quantities seized from Gallashaw's residence. Smith, Gallashaw and Allen were convicted of substantive drug offenses. It's not difficult at all. endobj See Sanchez, 269 F.3d at 1272-75. Because Apprendi errors are subject to harmless error review, they can provide no relief to the sentenced defendant if they are "harmless beyond a reasonable doubt." WebThis appeal challenges both the jury convictions and sentences imposed on the six appellants, Corey Smith, Antonio Allen, Latravis Gallashaw, Eric Stokes, Antonio Godfrey, and Kettrick Major (collectively, the "Defendants" or the "Appellants"). Are there more Mugshots of Latravis Gallashaw? But, as the Government points out, the sentences imposed here were within the statutory limits applicable to a cocaine-only conspiracy, given the quantities of that drug attributed to each petitioner. 24 at 68-72, vol. The jury was instructed that if it found more than one conspiracy, it must first determine if any one of the conspiracies was the charged conspiracy and then determine the members of that conspiracy. vol. ), (Trial Tr. 0000000609 00000 n The name is derived from the combination of the cooper funeral home alexandria, kentucky obituaries (Appellee's Br. WebNotice: Function add_theme_support( 'html5' ) was called incorrectly. Only, Fail was not inside the vehicle; his girlfriend, Angel Wilson, suffered the fate intended for Fail.23. As to Count 4, the Government relied upon Karen Fleisher, an employee of the Miami-Dade Crime Laboratory, to identify the substances and quantities confiscated from Allen's residence. United States of America, Plaintiff-appellee, v. Antonio Allen, A.k.a 19 at 42-48, vol. Count 4 of the superseding indictment alleged: On or about September 10, 1998, at Miami, Miami-Dade County, in the Southern District of Florida, and elsewhere, the defendants, Antonio Allen, a/k/a "Tony Wright," a/k/a "T. Wright," and Latravis Gallashaw, a/k/a "Trav," did knowingly and intentionally possess with intent to distribute a Schedule II controlled substance, that is, a mixture and substance containing a detectable amount of cocaine, in violation of Title 21, United States Code, Section 841(a) (1) and Title 18, United States Code, Section 2. here to search for other Latravis Gallashaw, All original material at this website is subject to copyright. vol. 0000000589 00000 n He also noted that the most he ever made was $23,000 in a single 12-hour shift.9 Not surprisingly, when the Federal Bureau of Investigation ("FBI") put the John Doe gang out of business, it seized over $185,000 in cash from Smith's residence.10, The FBI began its operations in September 1997. 841(b) (1) (D). If you would like more information about this practice and to know your choices about not having this information used by these companies, click here. United States v. Sanchez, 269 F.3d 1250, 1288 (11th Cir. ), Again, several witnesses testified as to each defendant's role in the organization. Who decides what public records the American public sees? 0000003208 00000 n The conviction of Allen on Count 4 is AFFIRMED.48. IN THE UN ITED STATES COURT OF APPEALS FOR THE The jury trial began on September 7, 1999, and concluded with the guilty verdicts against all six defendants on October 21, 1999. When the jury completed its deliberations, the verdicts were as follows: Smith was convicted of Counts 1, 3, 10, and 11, and acquitted of Count 13. local news and culture, Natalie O'Neill Green, 180 F.3d at 226 (quoting indictment (emphasis in original)). Webtony roberts comedian net worth; preston magistrates sentencing; diamond sparkle effect in after effects; stock moe portfolio spreadsheet; car parking charges at princess alexandra hospital harlow USA v. Latravis Gallashaw 05-16984 | U.S. Court of Appeals, Against the background of Dale, Rhynes, Cotton, Green, and Watts, we find a Dale-Rhynes violation.42 Here, the jury instructions were modest in describing the nature of the conspiracy. Members operated at least 11 "drug holes" - Scott called them "convenience stores" for drugs - and used deadly force to expand and consolidate their territory, investigators said. vol. Appeals from the United States District Court for the Southern District of Florida. OR ATT.(SOLICIT. That section makes it a crime for anyone to knowingly possess cocaine or marijuana with the intent to distribute it. 21 U.S.C. Latravis Gallashaw. >> Click In describing the jury instructions, the Green court opined: In five instances, the jury instructions refer to the two controlled substances. "County jail is easier time than state prison.". Fail and various members of the gang waged war against each other, exchanging gunfire upon their every encounter. 846. The gang soon discovered Fail's charade, which sent him running from the gang. The court's instructions, unlike the instructions in Cotton, made no reference to the necessity of finding both marijuana and cocaine as a part of the conspiracy. Stokes was sentenced to life in prison. In a split decision, the Fourth Circuit in Cotton held that the district court overstepped its jurisdictional boundaries by imposing these sentences where the indictment omitted the specific quantity of drugs. See infra Part IV. /FontFile 51 0 R Webhow much do military advisory board members get paid / river bourne wiltshire fishing / amarillo animal management and welfare Elite gathering of financial titans returns to Miami for annual event, Shooter who randomly killed man in South Miami-Dade shot dead by SWAT, police say, This 21-year Miami City Hall veteran says he wants to run for mayor again, Obviously a big decision: Suarez says hes still mulling presidential run, How do you get to and from South Beach without going crazy? vol. We have the following opinions for this case: The following documents for this case are available for you to view or download: Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. The court's charge provided: If you find that the materials involved in the charged conspiracy were cocaine hydrochloride and cocaine base, you need not be concerned with the quantities, so as [sic] long as you find that a defendant conspired to distribute or possessed with intent to distribute these controlled substances, the amounts involved are not important. Jackson survived, but Smith was not done "handling" the robbery incident. Delays in his case were caused by everything from "unavailable attorney[s]" to out-of-town witnesses. vol. Jackson used the gun to rob Peggy King. /Length1 1545 They found Cook outside of his house and fired multiple shots at him in a drive-by shooting. 22 at 34. When you look at the jury instructions that were actually used, jury instruction number 11 is, I guess, the instruction we gave them on conspiracy, and it says in summary: Count one charges that the defendants knowingly and willfully conspired together to possess cocaine with the intent to distribute it. The information on this web site is provided to assist users in obtaining information about county jail arrests. (Trial Tr. /L 69655 ), (Trial Tr. 841(a) (1) and 18 U.S.C. 17 at 205-06), Demetrius Jones (Trial Tr. 21 U.S.C. Smith sensed that Cook was taking advantage of their childhood friendship, and put a contract out for his murder. And it's expensive. We know that Takoma Trinay Simmons, Timothy E Brown, and six other persons also lived at this address, perhaps within a different time frame. ), The third paragraph in Jury Instruction No. vol. Sign up for our free summaries and get the latest delivered directly to you. stream Knowing that Williams and Newsome had supplied Jackson with the firearm to rob Peggy King, Smith viewed them as a threat to the organization's power. Our man in the red jumpsuit isn't alone. The district court's discussion during Gallashaw's sentencing hearing indicates persuasively that the printed jury instructions, which omitted a reference to marijuana as being a part of the charged conspiracy, were not revised prior to being handed to the jury.39. The indictment also accuses Eric Stokes and Julius Stevens, two John Doe lieutenants, with attempting to kill Anthony "Little Bo" Fail on Dec. 11, 1998, shooting more than 30 rounds into a house occupied by four adults and five children. 7 So.3d 473 (Fla. 2009), SC05-703, Smith v. State 24 at 124 (wiretap 1960). 19 at 11-12, 14-17), and indicted co-conspirators Jeffrey Bullard (Trial Tr. The United States ("Government") alleged twenty counts against fifteen defendants in the superseding indictment. The argument culminated into a shooting with Hadley suffering a bullet wound to his leg. We shall first address the Dale-Rhynes issue because all six defendants are affected by the analysis. PBqcZPPQ`Pb0"`E=bG;SN 48 0 obj Anderson, 289 F.3d at 1326-27 (emphasis added). Godfrey and Major were both convicted of Count 1 only. On appeal, the decision in Cotton was reversed with respect to the sentencing issues in the context of Apprendi, but the Supreme Court did not address the Dale-Rhynes issue. endobj harts funeral home obituaries stilwell, ok << vol. 2. /ProcSet [/PDF /Text] The investigation also revealed that the John Does were extremely capable and, oftentimes, ruthless in furthering their drug trade. Under a sophisticated system of role assignments and weaponry, the John Doe organization sold cocaine, cocaine base (also known as crack),5 and marijuana continuously throughout the day and night from about 1994 until the Defendants' arrests in late 1998 and early 1999. All Rights Reserved. endobj When they found Benneby, Gallashaw tried to pistol whip him, but the gun discharged and Benneby was shot in the face. WebLatravis Gallashaw is on Facebook. Allen received a sentence of 420 months, and Major a sentence of 240 months. Without a witness to testify about the Johnson murder, the state dropped the charges against Smith.18, Having committed murder, the John Does were becoming increasingly bold and ruthless. His case began in July 1997, when a chambermaid knocked on the door of Room 24 at the Trade Winds Motel in Little Havana. /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] The mere questions and/or reports presented on this website about a possible arrest of a person are not an implication of an actual arrest. Xavier Roberts, a younger John Doe member, agreed to kill Cook. 23 at 155-56, vol. 21 at 9-17, vol. WebOpinion for United States v. Antonio Allen, 302 F.3d 1260 Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. An arrest is the act of depriving a person of his or her liberty usually in relation to the purported investigation or prevention of crime and presenting (the arrestee) to a procedure as part of the criminal justice system. Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. So, Smith ordered them killed. The Cotton court also cited an Eighth Circuit case involving an indictment phrased in the conjunctive. << vol. "These two indictments represent a major blow to two of the most significant narcotics gangs operating in Liberty City, and in the case of the John Doe organization, perhaps, by far, the most violent, " Scott said at a news conference. Cotton, 261 F.3d at 402 (quoting S.A. 13) (emphasis added). vol. McCranie, and approximately ten to fifteen other officers, including a SWAT team from the Miami police department, gained entry to the residence and seized a number of suspicious substances.29 Lab tests confirmed that the substances were cocaine and marijuana. 22 at 28 (identifying Smith's sister, Todra Smith, on wiretap 1703), vol. It includes eight codefendants, 300 witnesses, 18 defense attorneys, and multiple death penalties. vol. ), (Trial Tr. ), (Trial Tr. In summary, as to Count 4 the amount of cocaine powder, 158.4 grams, allows for a maximum sentence, absent enhancement, of twenty years. The printed instructions ignored the controlled substance "marijuana" as part of the conspiracy. The Supreme Court affirmed the Seventh Circuit's upholding of the sentence.