94 F.4th 679
7th Cir.2024Background
- Keenan Seymour pleaded guilty to a RICO conspiracy charge based on his involvement in the Latin Dragon Nation street gang.
- In 2017, Seymour and other gang members drove around seeking retaliation against rival gang members following the murder of a friend.
- During this drive, a co-defendant, Anaya, shot and killed Manuel Salazar, erroneously believing he was a rival gang member.
- Seymour admitted to being in the car and supporting the gang but claimed he did not know about the plan to shoot anyone.
- The district court attributed the murder to Seymour for sentencing, raising his Guidelines offense level, and sentenced him to 180 months—below the Guidelines’ recommendation.
- On appeal, Seymour challenged factual findings, responsibility for murder, and claimed sentencing disparities compared to co-defendants.
Issues
| Issue | Seymour's Argument | Gov't Argument | Held |
|---|---|---|---|
| Factual findings (knowledge/intent) | Did not know about the gun or plan to shoot anyone | Seymour knew of gun & intent to target rival gang | District court did not clearly err |
| Accountability for murder | Murder not foreseeable; mere presence in car | Murder was reasonably foreseeable, aided conduct | Murder attribution proper |
| Sentencing disparities | 180 months unfair vs. co-defendants' 60 months | Co-defendants had different plea deals, roles | No unwarranted disparity |
| Sentencing procedural error | Court failed to consider all § 3553(a) factors | Guidelines and court addressed disparities | No procedural error |
Key Cases Cited
- United States v. Porraz, 943 F.3d 1099 (7th Cir. 2019) (reasonable foreseeability of murder in gang activity under RICO)
- United States v. Garcia, 754 F.3d 460 (7th Cir. 2014) (gang leader's accountability for murder under conspiracy theory)
- United States v. Hernandez, 37 F.4th 1316 (7th Cir. 2022) (liability for murder pursuant to gang rules and participation)
- United States v. Major, 33 F.4th 370 (7th Cir. 2022) (standard of review for sentencing factual findings)
- United States v. King, 910 F.3d 320 (7th Cir. 2018) (Sentencing Guidelines address disparities among similar defendants)
- United States v. Curtis, 324 F.3d 501 (7th Cir. 2003) (conspiracy liability for murder attributable to a non-leader)