United States v. Randall, No. 10-3113 (10th Cir. 2011)
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A jury convicted Defendant Chester Randall, Jr. on one count of conspiracy under the Racketeer Influenced and Corrupt Organizations Act (RICO) for his alleged involvement with a Wichita Kansas street gang. He was sentenced to forty-six months' imprisonment. On appeal to the Tenth Circuit, Defendant argued: (1) that the district court abused its discretion by failing to instruct the jury about the affirmative defense of withdrawal from a conspiracy, (2) that the district court plainly erred by failing to instruct the jury that it had to agree unanimously on the predicate acts Randall agreed to in order to sustain a conviction for conspiracy to commit a RICO violation, and (3) that the cumulative effect of these alleged instructional errors deprived Randall of a fair trial. Upon review of the trial court record and the applicable legal authority, the Tenth Circuit concluded the district court did not abuse its discretion nor commit any errors that deprived Defendant a fair trial. Accordingly, the Court affirmed Defendant's conviction.
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