United States v. Jorge Cornell
780 F.3d 616
| 4th Cir. | 2015Background
- Defendants (Cornell, Kilfoil, Wilson) were convicted after a multi-week trial of RICO conspiracy under 18 U.S.C. § 1962(d) for participation in the Greensboro Latin Kings tribe; verdicts included findings of multiple predicate racketeering acts (murder conspiracy/attempted murder, robberies, bank fraud, etc.).
- Government proof included cooperating-witness testimony that Cornell was First Crown (leader), Kilfoil held leadership roles, and Wilson (not a formal member) took part in several gang-directed robberies.
- District court instructed the jury that the Government need only show the enterprise affected interstate commerce "in any way, no matter how minimal" and required jury unanimity only as to the types of racketeering acts the conspirators agreed to commit.
- Trial court gave two modified Allen charges after deliberations stalled; defendants objected to the second charge as coercive. Jury deliberated further and returned a split verdict convicting the three defendants and acquitting three co-defendants.
- Post-trial motions were denied; sentences ranged from 180 to 336 months. Defendants appealed, raising challenges to the interstate-commerce instruction, unanimity on predicate acts, the Allen charge, exclusion of a defense witness, authentication of a letter, and sufficiency of evidence (Wilson).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Interstate-commerce element for RICO | Gov: A de minimis effect suffices given precedent; evidence showed economic activity (bank fraud, interstate phones/guns). | Defs: Where enterprise engaged only in noneconomic, violent activity, the Government must prove a substantial effect on interstate commerce (relying on Waucaush). | Court: Applied de minimis standard (Gray precedent); case involved economic acts (bank fraud, interstate guns/phones), so instruction correct. |
| Jury unanimity on predicate acts | Gov: For §1962(d), unanimity is required only as to types of racketeering activity agreed to, not specific overt acts. | Defs: Jury must unanimously agree on the specific predicate acts (or at least which overt acts were proven). | Court: Agreed with Gov and circuit precedent—unanimity as to types is sufficient; no instruction on specific acts required. |
| Use of a second Allen charge | Gov: Court may give supplemental charges; second charge here was fair and noncoercive. | Defs: Second Allen was coercive (given after impasse, day before Thanksgiving) and unduly pressured jurors. | Court: No coercion—jury deliberated ~3 more hours, returned split verdict, so second Allen was within discretion. |
| Sufficiency of evidence for Wilson's membership | Gov: Testimony showed Wilson joined multiple robberies, attended planning and proceeds sharing—sufficient to show agreement to further enterprise. | Wilson: He never joined the gang; his acts were limited and for personal gain—mere association, insufficient for RICO conspiracy. | Court: Evidence sufficient; participation in multiple conspiratorial robberies and sharing proceeds supported conviction; non-members who knowingly facilitate qualify. |
Key Cases Cited
- Mouzone v. United States, 687 F.3d 207 (4th Cir.) (elements for §1962(d) and agreement to commit two racketeering acts)
- Gray v. United States, 137 F.3d 765 (4th Cir.) (de minimis interstate-commerce effect suffices for RICO in this circuit)
- Waucaush v. United States, 380 F.3d 251 (6th Cir. 2004) (held substantial interstate-commerce effect required where enterprise engaged only in noneconomic violence)
- Gonzales v. Raich, 545 U.S. 1 (2005) (individual de minimis instances are irrelevant when statute bears substantial relation to interstate commerce)
- Salinas v. United States, 522 U.S. 52 (1997) (RICO conspiracy does not require overt acts and conspirators need not agree to commit every part of the substantive offense)
- Cropp v. United States, 127 F.3d 354 (4th Cir.) (Allen charge must be fair, neutral, and not coercive)