United States v. Gutierrez, No. 18-4656 (4th Cir. 2020)
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The Fourth Circuit affirmed Defendants Gutierrez, Baxton, and Gilmore's convictions and sentences for various charges related to their membership in the United Blood Nation (UBN) gang.
The court held that the district court did not abuse its discretion by empaneling an anonymous jury; the district court did not abuse its discretion in denying recusal; the district court did not abuse its discretion in regard to jury selection; the district court properly denied Gilmore's motion to suppress; the evidence was sufficient to support defendants' convictions for conspiracy to participate in a racketeering enterprise; the district court did not abuse its discretion in refusing to issue a special jury verdict form; and the district court properly instructed the jury. The court upheld the district court's denial of Gilmore's motion for a new trial; held that the evidence was sufficient to support the jury's civil forfeiture findings; and held that defendants' respective sentences were not procedurally and substantively unreasonable.
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