United States v. Hackett, No. 12-4428 (6th Cir. 2014)
Annotate this CaseIn 2003, at the age of 13 or 14, Hackett helped form the LSP street gang on the south side of Youngstown, Ohio. Eight years later, a federal grand jury indicted Hackett and 22 others for RICO conspiracy and many other crimes. Most of his codefendants pled guilty, but Hackett and four co-defendants proceeded to trial. A jury convicted Hackett of conspiracy under RICO, 18 U.S.C. 1962(d), violation of the Violent Crimes in Aid of Racketeering Act, 18 U.S.C. 1959(a)(5), retaliation against a government witness, 18 U.S.C. 1513(a)(1)(B), and various other weapons and narcotics charges. The district court sentenced him to 440 months’ imprisonment. The Sixth Circuit affirmed the conviction, rejecting claims of Batson violations and insufficiency of the evidence, but remanded for resentencing, finding that Hackett’s mandatory-minimum sentence on a firearms count was imposed in violation of the 2013 Supreme Court decision, Alleyne v. United States. The indictment charged only that Hackett “use[d] and carr[ied]” a firearm during and in relation to the predicate crime of violence, not that he “discharged” the firearm as well; post-Alleyne, “use and carry” and “discharge” are two different offenses under 18 U.S.C. 924(c).
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