United States v. Scott, No. 07-50020 (9th Cir. 2011)Annotate this Case
Defendant appealed his conviction and 220 month sentence after being found guilty by a jury of one count of Racketeer Influenced and Corrupt Organizations ("RICO") conspiracy, 18 U.S.C. 1962(d), for participation in violent acts undertaken by the Aryan Brotherhood prison gang. Defendant appealed his convictions and sentence and raised several issues of error. In light of the district court's extensive curative instructions, the strength of the evidence of defendant's guilt on the offenses for which he was convicted, and the jury's independence in rejecting five of the alleged predicate acts, the court held that defendant was not prejudiced by any improper conduct on the judge's part, either individually or in the aggregate. The court affirmed the sentence where defendant was sentenced within a properly calculated Guidelines range; the presentence report ("PSR") explained in great detail the calculations and responses to objections; and defendant did not argue for a sentence outside the Guidelines and where no detailed explanation by the district court was necessary.