United States v. Mouzone, No. 10-4781 (4th Cir. 2012)
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In April 2010, the government jointly tried Anthony Fleming and Tavon Mouzone, members of the gang "Tree Top Piru" (TTP), in an eight-day jury trial. The grand jury charged both Fleming and Mouzone with conspiracy to participate in a racketeering enterprise (RICO conspiracy), in violation of 18 U.S.C. 1962(d). It additionally charged Fleming with committing two drug offenses: (1) conspiracy to distribute and possession with the intent to distribute fifty grams or more of cocaine base; and (2) distribution of and possession with intent to distribute fifty grams or more of cocaine base. The jury convicted both Fleming and Mouzone of the RICO conspiracy charge, finding that distribution of crack cocaine, distribution of cocaine, and robbery were conspiracy objectives. It declined to find that murder or conspiracy to commit murder was a conspiracy objective. The jury also convicted Fleming on both drug charges. The district court sentenced Mouzone to 240 months' imprisonment, running concurrent with a previous Maryland state court sentence, and it sentenced Fleming to three concurrent sentences: 240 months' imprisonment on the RICO conspiracy charge and life imprisonment on each drug-related charge. Mouzone and Fleming alleged several district court errors on appeal. Upon review, the Fourth Circuit found no reversible error and therefore affirmed.
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