Summary
The Second Circuit affirmed the convictions of three defendants for racketeering conspiracy and related offenses stemming from their involvement in the Rollin' 30s Crips street gang. The court addressed and rejected arguments concerning the sufficiency of the evidence, special sentencing factors, admissibility of co-conspirator statements, jury instructions, and juror impartiality. One appeal was dismissed for lack of jurisdiction, while the remaining convictions and sentences were upheld.
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Questions Presented
- Whether sufficient evidence supported the jury's special sentencing-factor findings concerning the murders of Suazo and Chafla and Owen's VICAR assault conviction.
- Whether New York second-degree murder qualifies as generic murder and therefore as predicate racketeering activity under RICO.
- Whether co-conspirator statements admitted under Federal Rule of Evidence 801(d)(2)(E) are subject to Rule 602's personal-knowledge requirement and whether the challenged statements were harmless if improperly admitted.
- Whether the jury instructions constructively amended the indictment, violated Apprendi, improperly omitted New York affirmative defenses, or failed to cure stricken testimony.
- Whether the district court abused its discretion in investigating and retaining two jurors who expressed concerns about juror anonymity.
- Whether Ventura's sentence constituted an unconstitutional trial penalty.
- Whether the court had jurisdiction to review Ventura's challenge to the district court's refusal to grant a downward departure under U.S.S.G. § 5K2.23.
Holdings
- The evidence was sufficient for the jury to find that Suazo's murder was related to the activities of the Rollin' 30s enterprise and was within the scope of the RICO conspiracy to which Torres agreed.
- The uncorroborated testimony of co-conspirator Richard Domena was legally sufficient to support the jury's finding that Owen aided and abetted the shooting that killed Chafla.
- The evidence was sufficient to establish that Owen intentionally aided an assault causing serious physical injury and committed it to maintain or increase his position in the Rollin' 30s enterprise.
- New York second-degree murder under N.Y. Penal Law § 125.25(1) is not broader than generic murder and qualifies as predicate racketeering activity under 18 U.S.C. § 1961(1)(A).
- Statements admitted under Federal Rule of Evidence 801(d)(2)(E), including co-conspirator statements, are not subject to Federal Rule of Evidence 602's personal-knowledge requirement.
- The jury instructions did not constructively amend the indictment or violate Apprendi; the district court was not required to instruct on New York affirmative defenses because the conviction was for RICO conspiracy rather than substantive murder; and the instruction striking the challenged medical-examiner testimony was adequate.
- The district court acted within its broad discretion by questioning one juror, declining to remove her, and declining to question a second juror whose concern appeared identical.
- Ventura was not subjected to an unconstitutional trial penalty merely because he received a longer sentence after rejecting a plea offer and proceeding to trial.
- The court lacked jurisdiction to review Ventura's claim because the record did not show a substantial risk that the district court misunderstood its authority to depart under U.S.S.G. § 5K2.23.
Key quotations
“After surveying the Model Penal Code, dictionary definitions, and state laws, we conclude that generic murder is defined as causing the death of another person intentionally, during the commission of a dangerous felony, or through conduct evincing reckless and depraved indifference to serious dangers posed to human life.” (at 19)
“As “partners in crime,” id. (internal quotation marks omitted), each co-conspirator is deemed an agent of the others, and the “actions and utterances of either done in furtherance of that conspiracy are deemed authorized by the other,” id.” (at 23)
Factual background
The defendants were leaders or senior members of the Rollin' 30s Crips, a street gang with several affiliated subgroups. The trial evidence connected them to gang-directed violence, including the murders of Victor Chafla and Nestor Suazo, the assault and disfigurement of Luchone Elzey, and the shooting of Collin Bromwell. The defendants were convicted of RICO conspiracy and, for Owen and Ventura, related assault and firearms offenses.
Procedural history
Ventura was initially indicted in 2018, and a superseding indictment later charged Torres, Owen, Ventura, and other gang members with RICO conspiracy, firearms offenses, and related crimes. After trial, the jury convicted the three defendants on all charged counts and found the special sentencing factors concerning the murders of Nestor Suazo and Victor Chafla. The district court denied post-trial and sentencing challenges, sentenced Torres and Owen to 475 months' imprisonment each and Ventura to 288 months, and the defendants appealed.