US v. Huskey

Court: US Court of Appeals for the Fourth Circuit

Docket: 20-4565

Opinion Date: January 8, 2024

Areas of Law: Criminal Law, White Collar Crime

In the case before the United States Court of Appeals for the Fourth Circuit involving four defendants—Dricko Dashon Huskey, Renaire Roshique Lewis, Jr., Alandus Montrell Smith, and Jonathan Wray—all were members of the United Blood Nations (UBN) gang and were charged with conspiracy under the Racketeer Influenced Corrupt Organization Act and related crimes. They were all found guilty following a trial. The defendants appealed their convictions and sentences, alleging various procedural and substantive errors. The Court of Appeals, after considering each of the defendants' arguments, affirmed the district court's judgments. The Court found that there was sufficient evidence to support the convictions, and that the defendants' challenges to certain evidentiary rulings, closing arguments, jury instructions, and sentencing decisions lacked merit.

US v. Ortiz-Orellana

Court: US Court of Appeals for the Fourth Circuit

Docket: 16-4844

Opinion Date: January 10, 2024

Areas of Law: Constitutional Law, Criminal Law, Immigration Law, White Collar Crime

The court case involves defendants Juan Alberto Ortiz-Orellana and Minor Perez-Chach, who were convicted under the Racketeer Influenced and Corrupt Organizations Act (RICO) and the Violent Crimes in Aid of Racketeering statute (VICAR). Ortiz and Perez were part of a gang known as MS-13 and were separately charged with murders related to their involvement in the gang in Maryland. Ortiz was also convicted of VICAR conspiracy to commit murder, discharging a firearm in furtherance of a crime of violence, and murder resulting from the same crime. Perez, on the other hand, was also convicted of being a felon in possession of a firearm and ammunition, and an alien in possession of a firearm and ammunition. Both defendants appealed their convictions and sentences.

The United States Court of Appeals for the Fourth Circuit held that the government seizure of historical cell site location information (CSLI) without a warrant did not violate the defendants' Fourth Amendment rights due to the good faith exception. The court also upheld the use of summary exhibits and denied the defendants' claim that their sentences were substantially unreasonable. The court agreed with Ortiz that his firearm convictions must be vacated because the underlying offenses for each VICAR count could not qualify as a "crime of violence" after a recent ruling. The court also rejected Ortiz's claim that his RICO and VICAR convictions violated the Double Jeopardy Clause. As a result, the court affirmed in part, vacated in part, and remanded the case for resentencing on certain counts.