United States v. McClaren, No. 17-30524 (5th Cir. 2021)
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The Fifth Circuit affirmed in part and vacated in part Defendants McClaren, Keelen, Fortia, Scott, and Allen's convictions for numerous crimes related to their participation in a New Orleans street gang. The court concluded that the district court did not abuse its discretion in denying the motion to sever McClaren and Scott's trials; the district court did not clearly err in its Batson determinations; challenges to co-conspirator testimony rejected; Allen, Fortia, and Keelen's convictions for RICO conspiracy under 18 U.S.C. 1962(d) affirmed; Fortia, Keelen, and Allen's VICAR convictions under 18 U.S.C. 1959(a)(3) affirmed; Fortia, Keelen, McClaren, and Scott's convictions for engaging in a drug-trafficking conspiracy under 21 U.S.C. 846 affirmed; and the victim's murder was sufficient to demonstrate Fortia's ratification of the drug and RICO conspiracies.
The court affirmed Keelen, McClaren, and Scott's sentence under 21 U.S.C. 846, but vacated Fortia's conviction and remanded for resentencing; reversed Keelen's conviction under 18 U.S.C. 924(j); affirmed McClaren and Scott's convictions under 18 U.S.C. 924(o); concluded that defendants are not entitled to a new trial because of the admission and use of the plea agreement documents; affirmed the district court's denial of defendants' motion for a new trial; and affirmed Scott and McClaren's sentences.
The court issued a subsequent related opinion or order on September 9, 2021.
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