United States v. Tello, No. 10-2677 (7th Cir. 2012)
Annotate this CaseTello and Hill, members of the Latin Kings street gang, pleaded guilty to a charge that they conspired to conduct the affairs of the Latin Kings through a pattern of racketeering activity, 18 U.S.C. 1962(d). Tello appealed, contending that the acts of racketeering referenced in his plea agreement varied materially from those alleged in the indictment. Hill challenged his sentence following a prior, successful appeal challenging his treatment as a career offender, claiming that the district court on remand substantially enhanced his offense level based on a ground that the government had waived by not raising it sooner. The Seventh Circuit affirmed Tello’s conviction, but vacated Hill’s sentence. Both the indictment and plea agreement contained sufficient information for Tello to knowingly and voluntarily plead guilty, and the two documents were wholly consistent with respect to essential elements of racketeering conspiracy. Tello admitted to the elements of RICO conspiracy; any disparity between the predicate acts of racketeering attributed to him in the indictment and the acts in furtherance of the conspiracy that he acknowledged in the plea agreement did not impact the validity of the guilty plea and conviction. The district court erred in applying the accessory guideline on remand.
The court issued a subsequent related opinion or order on October 17, 2012.
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