Sentencing Guidelines – RICO Act

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7^th Circuit Court of Appeals

Case Name: United States of America v. Byron Brown, et al.,

Case No.: 17-1650; 17-2854; 17-2858; 17-2877; 17-2899; 17-2917; 17-2918; 17-2931; 17-3063; 17-3449

Officials: SYKES, Chief Judge, and WOOD and ST. EVE, Circuit Judges.

Focus: Sentencing Guidelines – RICO Act

This case offers a window into the violent and ruthless world of the Hobos street gang, which operated in Chicago from 2004 to 2013. With the credo, “The Earth is Our Turf,” the Hobos worked to build their street reputation and control certain areas on Chicago’s south side. Ten gang members were charged and convicted for violations of the Racketeer Influenced and Corrupt Organizations (RICO) Act, among other crimes. Nine of those defendants have joined in the present appeals: Byron Brown, Gabriel Bush, Gregory Chester, Arnold Council, William Ford, Rodney Jones, Paris Poe, Derrick Vaughn, and Stanley Vaughn. We find no reversible error in the convictions for any of the defendants. Nor do we find any error in any of the sentences, except for Chester’s, which must be revisited.

In the end, almost the entirety of this complex criminal trial will remain undisturbed thanks to Judge Tharp’s excellent handling of the case. We AFFIRM the convictions of all the defendants. We also AFFIRM the sentences of all the defendants except for Chester. We VACATE Chester’s sentence in 13 CR 288, appeal No. 17‐3063, and order a limited remand for further proceedings consistent with this opinion. In Jones’s case, No. 17‐3449, we GRANT Counsel’s motion to withdraw and DISMISS the appeal.

Affirmed in part. Vacated and remanded in part. Motion granted and appeal dismissed in part.

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.