United States v. Woods, No. 20-1214 (6th Cir. 2021)
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The Woods brothers were members of a Detroit-based group, HNIC. The government claims that HNIC was a street gang “engaged in drug dealing, intimidation, and violence” and that the brothers participated in multiple drive-by shootings in an attempt to murder a rival gang member. Antoine Woods was indicted under the Violent Crimes in Aid of Racketeering Act (VICAR) for conspiracy to commit murder in aid of racketeering, attempted murder in aid of racketeering, assault with a dangerous weapon in aid of racketeering, using, carrying, and discharging a firearm during and in relation to a crime of violence (18 U.S.C. 924(c); and obstruction of justice. Austin Woods was indicted for conspiracy to commit murder in aid of racketeering and using, carrying, and discharging a firearm during and in relation to a crime of violence. A fellow HNIC member testified against them.
The Sixth Circuit vacated Antoine’s conviction for attempted murder in aid of racketeering as violating the Double Jeopardy Clause but affirmed the brothers’ convictions on all other counts. The court rejected arguments that their 18 U.S.C. 924(c) convictions were predicated on a conspiracy charge. The indictment and jury instructions clearly stated that VICAR attempted murder and assault with a dangerous weapon were the predicate offenses for the section 924(c) charges. The court also rejected challenges to the sufficiency of the evidence and to evidentiary rulings.
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