United States v. Tavon Mouzone
687 F.3d 207
| 4th Cir. | 2012Background
- Defendants Fleming and Mouzone, members of Tree Top Piru (TTP), were tried in April 2010 on RICO conspiracy and drug offenses.
- Jury found Fleming and Mouzone guilty of the RICO conspiracy; Fleming was convicted on two drug counts (conspiracy to distribute and distribution).
- The district court sentenced Mouzone to 240 months and Fleming to 240 months on the RICO count plus life on each drug count; sentences run concurrently.
- The government presented evidence that Fleming and Mouzone participated in TTP’s drug trafficking and violent activities, including murders linked to the gang.
- Key trial evidence included statements about killings attributed to Fleming and firearms supplied for murders, and surveillance of drug distribution.
- The court affirmed the convictions and sentences on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Confrontation Clause: drug analysis report admissibility | Fleming: report violated Confrontation Clause by combining analysts’ findings. | Fleming: surrogate testimony violated confrontation rights. | Harmless error; no substantial swaying of verdict. |
| Confrontation Clause: admissibility of 911 calls | Calls were testimonial and should have been excluded. | Calls were non-testimonial as part of ongoing emergency. | Calls admitted; non-testimonial under applicable standard. |
| §1962(d) jury instruction on directing the enterprise | RICO conspiracy requires directing the enterprise. | Managerial role not required for §1962(d) liability. | Liability does not require directing the enterprise; instruction not error. |
| Joinder and severance under Rule 8(a) and Rule 14 | Counts joined for efficiency; offenses have logical relation. | Joinder risked prejudice; severance necessary. | Joinder proper; no clear prejudice; no reversal for severance. |
| Sentencing: Jackson murder as relevant conduct; predicate felony; retroactivity of FSA | Jackson murder used to set higher offense level; Maryland drug conviction as predicate; FSA retroactivity. | Lack of clear murder finding; Alford plea issue; FSA retroactivity debated. | Court affirmed sentencing; murder used as relevant conduct; predicate offense valid; FSA not retroactive here. |
Key Cases Cited
- Bullcoming v. New Mexico, 131 S. Ct. 2705 (2011) (Confrontation Clause requires confronting the analyst whose certification is at issue)
- United States v. Banks, 482 F.3d 733 (4th Cir. 2007) (Harmless-error review of evidentiary rulings)
- United States v. Lighty, 616 F.3d 321 (4th Cir. 2010) (Confrontation Clause and testimonial statements standard)
- Salinas v. United States, 522 U.S. 52 (1997) (Elements of conspiracy and pattern of racketeering)
- Reves v. Ernst & Young, 507 U.S. 170 (1993) (Liability for §1962(c) requires operation/management participation)
- Wilson, 605 F.3d 985 (D.C. Cir. 2010) ( §1962(d) liability not requiring managerial role)
- Carson, 455 F.3d 336 (D.C. Cir. 2006) (Joinder of related offenses under Rule 8 permissible)
- Alston, 611 F.3d 219 (4th Cir. 2010) (Evidence from Alford plea not automatically predicate for ACCA-like judgments)