United States v. Praddy
725 F.3d 147
2d Cir.2013Background
- Raleigh Place Crew in East Flatbush, Brooklyn, led by Raymond Dowdie, sold marijuana over the 1990s–2000s; Praddy was involved with the Crew.
- Dowdie testified Praddy worked with the Crew, sometimes selling on Raleigh Place and Church Avenue, and Dowdie supplied marijuana to Praddy on consignment.
- Witnesses and recordings showed Praddy selling marijuana regularly, including arrangements with Dowdie’s lieutenants and other Crew members.
- Praddy admitted to selling marijuana from 2003–2009, but claimed he sold onlyoccasionally and worked independently from others.
- The jury convicted Praddy on RICO counts (one and two), conspiracy to distribute and possess with intent to distribute marijuana (count four), four drug-distribution counts (five–eight), and a firearm offense (count fourteen).
- The district court sentenced Praddy to 120 months on the RICO/narcotics counts and 60 months on the firearm count; Count Fourteen was later challenged on statute-of-limitations grounds.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence of conspiracy membership | Price: Praddy was a member of the Raleigh Place Crew conspiracy. | Praddy contends he did not knowingly become a member or participate. | Sufficiency upheld; Praddy proved a knowing member of the conspiracy. |
| Sufficiency of evidence of participation in the RICO enterprise | Price: Praddy participated in the enterprise’s operation with discretion over suppliers and selling locations. | Praddy argues insufficient showing of directing or participating in the enterprise's affairs. | Sufficiency upheld; evidence showed participation in the enterprise. |
| Timeliness of Count Fourteen (§ 924(c)) based on statute of limitations | Price: continuing-offense theory from Payne applies, extending the period. | Praddy: no evidence of gun possession within five years of indictment; continuing-offense theory does not apply here because gun was seized in 2004. | Count Fourteen reversed; § 924(c) charge time-barred. |
| Sentencing on the remaining counts after Count Fourteen reversal | Price: district court properly calculated and imposed a within-guidelines but enhanced sentence based on participation and evidence of conspiracy magnitude. | Praddy asserts improper weight given to conspiracy length, quantity, and loaded gun; seeks different weightings. | Remand for resentencing de novo on the affirmed counts; no abuse of discretion on other sentencing factors. |
Key Cases Cited
- United States v. Caracappa, 614 F.3d 30 (2d Cir. 2010) (sufficiency review standard for crimes)
- United States v. Payne, 591 F.3d 46 (2d Cir. 2010) (continuing-offense theory for § 924(c) sentencing)
- Reves v. Ernst & Young, 507 U.S. 170 (U.S. 1993) (participation requires some part in directing the enterprise's affairs)
- United States v. Viola, 35 F.3d 37 (2d Cir. 1994) (interpretation of RICO enterprise participation)
- Beech-Nut Nutrition Corp. v. Beech-Nut Nutrition Corp., 871 F.2d 1181 (2d Cir.) (scope of enterprise and conspiracy considerations)
- United States v. Chavez, 549 F.3d 119 (2d Cir. 2008) (guidelines application to conspiracy-related offenses)
- United States v. Silkowski, 32 F.3d 682 (2d Cir. 1994) (use of relevant conduct in guidelines calculations)
- United States v. Dillard, 214 F.3d 88 (2d Cir. 2000) (possession-offense limitations and course of possession)
- Glasser v. United States, 315 U.S. 60 (U.S. 1942) (standard for sufficiency of direct and circumstantial evidence)
- United States v. Beech-Nut Nutrition Corp., 871 F.2d 1181 (2d Cir. 1989) (enterprise/Conspiracy considerations in RICO context)