United States v. Wakinyan McArthur
836 F.3d 931
8th Cir.2016Background
- Defendants Anthony Cree, William Morris, and Wakinyan McArthur were convicted after a six-week trial for crimes tied to the Native Mob, a Minnesota prison/street gang engaged in drug trafficking and violent acts to protect/expand territory.
- McArthur served as the gang’s Chief (2010–2012); leadership facilitated firearms access and expanded drug operations with Wuori; meetings, hierarchy, and enforcement practices evidenced organizational structure.
- Cree was convicted for RICO conspiracy, drug conspiracy, and multiple offenses related to the March 4, 2010 LaDuke shooting (he owned the car and aided Morris).
- Morris was convicted for attempted murder and related weapons and assault charges from the LaDuke shooting; at sentencing the court applied the ACCA based on prior Minnesota third-degree burglary convictions, producing a lengthy enhanced sentence.
- McArthur was convicted of RICO conspiracy, drug-conspiracy counts, and two separate § 924(c) firearm convictions tied to two different shootings; the court imposed consecutive mandatory § 924(c) terms, resulting in a total 516-month sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for Cree’s RICO and drug-conspiracy convictions and participation in LaDuke shooting | Gov: evidence of organized Mob enterprise, related predicate acts (drug distribution and violence), and Cree’s actions/communications supported convictions | Cree: Mob was a loose assembly; he lacked intent/knowledge re: LaDuke shooting | Affirmed: jury reasonably found RICO enterprise, pattern of racketeering, drug conspiracy, and Cree’s complicity in the LaDuke attack |
| Morris: sufficiency of motive element for §1959 (violent-felony purpose), jury instruction amendment claim, and ACCA application | Gov: evidence showed Morris was a Mob member acting to maintain/increase status; instruction matched requested language; prior burglaries qualified as violent felonies | Morris: not proven he was a Mob member acting to gain status; instruction constructively amended indictment; Minnesota 3d-degree burglary is divisible and not categorically a generic burglary for ACCA | Convictions affirmed re §1959 and instruction (waived claim); sentence vacated — district court erred by not using modified categorical approach for burglary under ACCA; remanded for resentencing |
| McArthur: validity of multiple consecutive §924(c) convictions and Rosemond compliance for aiding-and-abetting instruction | Gov: consecutive §924(c) convictions permissible though DOJ policy discourages multiple §924(c) counts for single predicate; jury instructions sufficed | McArthur: double jeopardy / DOJ policy should preclude multiple §924(c) convictions; instructions failed to require advance knowledge per Rosemond | Government requested vacatur of one §924(c) conviction under DOJ policy — court granted vacatur of Count 11; Rosemond-related instruction not plainly erroneous; Count 10 conviction/denial of acquittal affirmed |
| Remedy: whether entire sentence must be vacated (sentencing-package doctrine) | Gov: sentencing package doctrine supports vacating all sentences so district court can resentence in light of vacatur | McArthur: only the vacated count’s sentence should be removed, leave remaining sentences intact | Court applied sentencing-package doctrine: vacated McArthur’s entire sentence and remanded for resentencing |
Key Cases Cited
- Boyle v. United States, 556 U.S. 938 (enterprise test for associations and structural features) (2009)
- Turkette v. United States, 452 U.S. 576 (RICO enterprise concept) (1981)
- H.J., Inc. v. Northwestern Bell Tel. Co., 492 U.S. 229 (pattern and continuity requirement for RICO) (1989)
- Taylor v. United States, 495 U.S. 575 (definition of generic burglary) (1990)
- Descamps v. United States, 133 S. Ct. 2276 (modified categorical approach; divisible statutes) (2013)
- Mathis v. United States, 136 S. Ct. 2243 (categorical approach and statutory elements analysis) (2016)
- Rosemond v. United States, 134 S. Ct. 1240 (advance-knowledge requirement for aiding-and-abetting §924(c)) (2014)
- Rinaldi v. United States, 434 U.S. 22 (government-requested dismissal under internal policy analogous to Petite) (1977)
- Greenlaw v. United States, 554 U.S. 237 (sentencing-package doctrine permitting vacatur and resentencing) (2008)
- Sonczalla v. United States, 561 F.3d 842 (earlier Eighth Circuit burglary analysis distinguished) (2009)