United States v. State, No. 10-1896 (7th Cir. 2011)
Annotate this CaseDefendant, a gang member, was convicted with others on multiple charges. He was sentenced to three concurrent life terms of incarceration on racketeering charges (18 U.S.C. 1962) with a consecutive term of 57 years (18 U.S.C. 924(c)(1)(A)), for using a firearm in relation to a drug trafficking offense or crime of violence.. The Seventh Circuit affirmed. Noting credibility issues, the court rejected a Fifth Amendment claim that defendant was questioned in violation of his Miranda rights. Rejecting a Sixth Amendment claim, the court stated that the mere filing of a federal criminal complaint does not trigger the right to counsel and, in any case, defendant never asserted his rights. Defendant waived an argument that counts related to possessing firearms with obliterated serial numbers and the circumstances surrounding his arrest (his decision not to go quietly) were misjoined with the other gun-related, drug-related, and racketeering offenses. There was no error in sentencing.
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