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Sentencing — RICO

By: WISCONSIN LAW JOURNAL STAFF//September 4, 2014//

Sentencing — RICO

By: WISCONSIN LAW JOURNAL STAFF//September 4, 2014//

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U.S. Court of Appeals for the 7th Circuit

Criminal

Sentencing — RICO

Absent a jury finding of a fact that increases the maximum sentence, a RICO sentence in excess of 20 years is invalid.

“Recall, any fact that increases the statutory maximum sentence must be proved to a jury beyond a reasonable doubt. Apprendi, 530 U.S. at 490. In this case, the jury found Anaya guilty of conspiring to participate in racketeering, but it also found the government did not prove beyond a reasonable doubt that Anaya’s racketeering activities involved Campos’ murder, the distribution of more than five kilograms of cocaine, or the distribution of 1,000 kilograms of marijuana. Without the jury’s finding of a fact (murder) that increases the maximum sentence for racketeering beyond twenty years, see, e.g., 18 U.S.C. § 1959(a)(1), the district court’s statement that the term of Anaya’s racketeering conviction is 360 months is clearly an error.”

“Accordingly, we remand Anaya’s case to allow the district court to correct Anaya’s Judgment to reflect that his racketeering conviction can only be for a maximum of twenty years. We affirm all other aspects of his sentence.”

Affirmed in part, and Remanded.

13-2169, 13-2189, 13-2892 & 13-3177 U.S. v. Gonzalez

Appeals from the United States District Court for the Northern District of Indiana, Lozano, J., Bauer, J.

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