United States v. Castano, No. 19-1029 (6th Cir. 2021)
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The federal government successfully prosecuted multiple members of the “Devils Diciples Motorcycle Club” for their role in a Racketeer Influenced and Corrupt Organizations Act (RICO) enterprise, 18 U.S.C. 1962(c)(d) that trafficked large quantities of methamphetamine and engaged in numerous other illegal acts (violent crimes, illicit gambling, thefts, and obstruction of justice). The district court imposed sentences that ranged from 28 years to life in prison.
In consolidated appeals, the Sixth Circuit affirmed the convictions and sentences. The district court correctly instructed the jury to convict each defendant if it found that he joined an agreement that encompassed a future violation of the substantive RICO offense. The court also upheld the application of a two-level sentencing enhancement for maintaining drug premises under U.S.S.G. 2D1.1(b)(12) via sections 1B1.3(a)(1)(B)’s relevant-conduct provision. Nothing in section 2D.1(b)(12) “otherwise specifie[s]” that it cannot be applied based on jointly undertaken criminal activity under section 1B1.3(a)(1)(B); the district court correctly concluded that the premises enhancement could be applied to a defendant even though he did not personally maintain premises for purposes of drug manufacturing or distribution.
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