United States v. Kamahele, 748 F.3d 984

Background

TCG is a Tonga-origin Crips subset in Glendale, Utah with generational structure, insignia, and a code of loyalty driving participation in robberies and violence.
Defendants were convicted in a jury trial of RICO conspiracy, VICAR counts, Hobbs Act robbery, and § 924(c) firearm offenses related to multiple crimes (Wal-Mart, Gen X, El Pollo Loco, Jack in the Box, Republic Parking).
Government sought to admit Officer Merino as a gang-expert to explain TCG structure, insignia, and criminal activity; defendants objected to methodology and Confrontation concerns.
The district court admitted Merino’s testimony; the court also admitted other trial evidence linking defendants to TCG participation and to predicate acts.
Following trial, defendants moved for judgment of acquittal under Rule 29; district court denied; verdicts upheld on appeal.
The panel addressed multiple challenges to evidence, jury instructions, photo-array identification, jury selection, and sentencing, ultimately affirming judgments and resentencing a defendant under § 924(c).

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Admissibility of Officer Merino’s expert testimony	Merino’s testimony aided the jury by detailing TCG structure and practices using his expertise.	Testimony relied on improper methodology; risked conveying inadmissible factual material under Rule 702 and Confrontation Clause.	Admission affirmed; testimony was helpful and reliable under Rule 702; Confrontation concerns not satisfied.
Sufficiency of the evidence to prove a RICO enterprise	TCG functioned as an association-in-fact enterprise with purpose, relationships, and longevity; predicate acts tied to enterprise.	TCG failed to show a viable enterprise or nexus to predicate acts.	Evidence sufficient; jury could find an association-in-fact enterprise meeting RICO requirements.
Sufficiency of the evidence linking VICAR crimes to the enterprise	Crimes were committed to maintain or advance status within TCG and were tied to the enterprise's aims.	Crimes were personal disputes not sufficiently connected to enterprise membership.	Evidence sufficient; crimes connected to enterprise and to members’ positions within TCG.
Jury instructions for RICO conspiracy and VICAR	Instructions properly conveyed that a defendant must know about and participate in the enterprise’s pattern of racketeering.	Instructions were flawed by referencing only general participation or by not requiring two acts for all predicates.	Instructions viewed as a whole adequately instructed the jury on required knowledge and agreement for conspiracy and VICAR elements.
Photo array identification admissibility and reliability	Photo array properly admitted; identifications reliable under totality of circumstances.	Array unduly suggestive and could lead to misidentification.	Array not unduly suggestive and, in any event, identifications reliable.
Prosecutorial conduct objections (backpack evidence and Fifth Amendment invocation)	Prosecutor acted within proper boundaries; any misconduct was mitigated.	Backpack description and Fifth Amendment invocation prejudiced defendant; mistrial should have been granted.	No reversible error; curative instructions and other evidence mitigated prejudice; plain-error not shown.

Key Cases Cited

United States v. Mejia, 545 F.3d 179 (2d Cir. 2008) (distinguishes officer–expert testimony from mere parroting of facts)
United States v. Johnson, 587 F.3d 625 (4th Cir. 2009) (distinguishes expert testimony based on independent judgment from parroting)
United States v. Smith, 413 F.3d 1253 (10th Cir. 2005) (motive for VICAR/§1959 offenses may be proven as integral aspect of membership)
H.J., Inc. v. Northwestern Bell Tel. Co., 492 U.S. 229 (1989) (definition of pattern of racketeering activity for RICO)
Boyle v. United States, 556 U.S. 938 (2009) (association-in-fact enterprise requires continuing unit with common purpose)