United States v. Savage, No. 14-9003 (3d Cir. 2020)
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Savage's North Philadelphia regional drug trafficking operation, KSO, distributed large quantities of controlled substances and fiercely protected its network and territory, using guns and violence. Early in KSO’s operation, Savage took care of threats against KSO himself. As his power grew, his enforcers did his bidding. While detained on criminal charges, Savage continued to manage KSO’s affairs. He retaliated against those who cooperated with government agents and arranged for the murder of the prosecution’s main witness in a murder case and, in a later case, orchestrated the firebombing of the home of another cooperating witness, ensuring no one would survive. Savage was convicted of conspiracy to participate in a racketeering (RICO) enterprise, 18 U.S.C. 1962(d); 12 counts of violent crime in aid of racketeering (VICAR) murder, section 1959(a)(1); VICAR conspiracy to commit murder, section 1959(a)(5); retaliating against a witness, section 1513; and using fire to commit a felony, section 844(h)(1).
The Third Circuit affirmed the convictions and the imposition of the death penalty, rejecting several challenges to the selection of the jury. If any gaps exist in the record, they do not entitle Savage to relief. Savage was not denied his Sixth Amendment right to counsel when the court waited until days before voir dire began to substitute new lead counsel. The district court did not plainly err in instructing the jury on the doctrine of transferred intent. The court rejected six challenges relating to the penalty phase proceedings.
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