United States v. Stinson
647 F.3d 1196
| 9th Cir. | 2011Background
- AB prison gang originated 1964, evolved into trafficking narcotics across California and federal prisons.
- California AB reorganized by 1980s into a three-member commission; Griffin was an original commissioner, with Stinson joining by 1990.
- Griffin and Stinson were federally charged with RICO conspiracy (§1962(d)) and VICAR (§1959(a)(1)); overt acts included murders, attempted murders, and conspiracies to murder.
- Jury convicted both on RICO; Stinson convicted on VICAR counts; Griffin received special verdicts on several overt acts and did not withdraw before the August 28, 1997 deadline.
- District court denied motions challenging venue, severance, death-qualification, Batson challenges, and various evidentiary and prosecutorial- conduct issues; convictions affirmed on appeal.
- Trial spanned 27 days with extensive government and witness testimony, including manipulation and coercion allegations later reviewed on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Venue for VICAR continuing offense | Venue improper in Central District | Offense elements continued in Central District | Venue proper; VICAR continuing offense extends to Central District |
| Severance of Griffin and Stinson | Severance necessary due to prejudicial spillover | No serious prejudice; joint trial proper | Abuse of discretion not shown; no reversible error |
| Batson challenges to peremptory strikes | Systematic exclusion of women | No clear error; government’s explanations credible | District court did not clearly err; no Batson error |
| Prosecutorial conduct and vouching on cross-examination | Government vouching undermines credibility | Any vouching harmless in light of strong case | Harmless error; no reversal warranted |
| Partial read backs and jury instructions | Partial read backs risked undue emphasis | No substantial rights affected; corrective instructions given | No reversible error; read-backs harmless in context |
Key Cases Cited
- Rodríguez-Moreno v. United States, 526 U.S. 275 (1999) (identifies continuing-offense venue principles for § 3237(a))
- United States v. Pace, 314 F.3d 344 (9th Cir. 2002) (continuing-offense theory; venue implications)
- United States v. Barnard, 490 F.2d 907 (9th Cir. 1973) (continuing-offense/venue considerations in multi-district scenarios)
- United States v. Banks, 514 F.3d 959 (9th Cir. 2008) (articulates VICAR elements and continuing-offense logic)
- Lockhart v. McCree, 476 U.S. 162 (1986) (death-qualification upheld; impartial jury concerns addressed)
- Buchanan v. Kentucky, 483 U.S. 402 (1987) (death-qualification with non-capital defendants in capital cases)