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Antonio Rios and David Casillas were charged along with twenty-nine co-defendants in a sprawling racketeering indictment charging that they were involved in the criminal activities of the Holland, Michigan chapter of the organization known as the Latin Kings.
Kavalhuna , United States Attorney's Office, Grand Rapids, Michigan, for Appellee.
The people living in the northern tier of counties in Indiana differ as much in stock, character and social qualities from the people of Clinton county, as do the people in the state of Michigan from those in Indiana. Daniel Mace 1, 1 1 1 Eli Armantrout 1.181 Tames Davis 906 Isaac Cook CM 00 1 1 1 1 Circuit Prosecutor.
The people of the northern part of Indiana and Ohio, came from the New England states, mostly from Connecticut or from northern New York state, a few from CLINTON COUNTY, INDIANA. These generally moving on their own lines of latitude coming from the northern part of the above named states.
They imparted their own social, industrial, economic and even racial characteristics to their posterity and the communities of which they form a part.
Hither came the chivalric Virginian, some of them of Huguenot stock, or of noble ancestry in English families, who could trace their lineage back to William the Conqueror: or it may be, they are de- cended from the generous, big-hearted, ever kindly disposed Kentuckian, bring- ing with him his exalted ideas of the true social heritage and cult: or it may be the staid dignified Xew Englander carrying hither the genius of the proverbial wide-awake ubiquitous “Yankee.” or the astute, shrewd and viva- cious denizen of Connecticut, last but not least, comes the industrious, frugal and generous Pennsylvanian, speaking bis German patois: it may be he is from Lehigh countv from “behind Allentown.” or some other vicinage in the Keystone state, none the less renowned for the emigrants it has sent forth: all these came here making up the original stock' of our cosmopolitan popu- lation.
Adler, "A Question About Law," ESSAYS IN THOMISM 207 (Robert E.
Gary Allen, THE FEDERAL RESERVE: THE TRILLION-DOLLAR CONSPIRACY 2 (Feb. Gary Allen, KISSINGER: THE SECRET SIDE OF THE SECRETARY OF STATE (1976). Virginia Armstrong, The Flight From America's Foundations: A Panoramic Perspective on American Law, RESTORING THE CONSTITUTION 122-123 (1987).
The case against Rios and Casillas focused on a racketeering-conspiracy charge ("Count One") under the Racketeer Influenced and Corrupt Organizations Act ("RICO"), 18 U. 480 (Fourth Superseding Indictment at 5) (Page ID #2142). Rios and Casillas were each charged in Count One and its special sentencing allegation regarding the distribution of cocaine, and Rios was additionally charged with three of the assaults with the intent to commit murder. Much of the rest of the trial consisted of testimony, largely from cooperating co-defendants, corroborating aspects of the testimony regarding the Holland Latin Kings, and setting forth details about a number of specific criminal acts that the government claimed had been committed in furtherance of the racketeering conspiracy. The jury also found Rios and Casillas responsible for the Count One special sentencing allegation related to the distribution of five kilograms or more of cocaine between 19. For the reasons that follow, we Casillas's conviction and sentence. The defendants sought to exclude both witnesses, arguing that Bevacqui could not "reliably apply his principles and methods to the facts of this case," R. Rios also contests Haglund's testimony, arguing that it served only to impart "his opinion that the Defendants who went to trial were guilty" and that he "mixed fact and expert testimony together." Rios Appellant Br. Relatedly, Rios and Casillas rely extensively on a portion of the Second Circuit's decision in United States v. 2008), that discussed the proper scope of gang-expert testimony under Rule 702.
§ 1961 et seq., which alleged that the Holland Latin Kings was a racketeering enterprise that "was and is overseen by, has always had connections to, and received directions from, the Chicago Heights, Illinois (21st and Wenworth) Latin Kings." R. Count Fourteen — with which Rios and Casillas were charged — alleged a conspiracy to possess with the intent to distribute five kilograms or more of cocaine between 20. In summary, three initial witnesses painted a picture of the national Latin Kings organization and how the Holland Latin Kings fit into its structure and practices. The jury acquitted Rios of Count Fifteen, the marijuana-distribution conspiracy, as well as the special sentencing allegations regarding assault with the intent to commit murder. 1396 (Rios Judgment at 2) (Page ID #20861), and Casillas was sentenced to concurrent terms of 200 months on Count One and 360 months on Count Fourteen, with 148 months of credit "for gang-related discharged terms of imprisonment," R. On appeal, they each raise issue with many aspects of the trial, as well as the sentences they received. at 2) (Page ID #8760), while Haglund lacked a reliable methodology, would be testifying to matters that would be covered by fact witnesses, and would confuse the jury by virtue of his dual role as both fact and expert witness, R. Both argue that Bevacqui's testimony was irrelevant and unreliable because Bevacqui knew nothing about the Holland Latin Kings.
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