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United States v. Lorenzo Lee, A/K/A Ponytail Terrance Lanea Rick L. Norton v. Railroad Retirement Board. Gallashaw was convicted of Counts 1, 4, 10, and 11. His attorney, Rafael Rodriguez, would say only that his lengthy jail time was due to "a unique confluence of circumstances.". For the guilty, prolonging local jail time is a cushy alternative to state prison, where inmates sleep in 100-bed dorm rooms, eat peanut butter and jelly sandwiches instead of steak, and report more instances of rape. Rather, the judge may sentence for both offense conduct and any other "relevant conduct.". And I would request on behalf of Mr. Gallashaw that there be on the verdict form an indication as to which one or both if the jury finds that the defendants were the defendants were guilty, whether they were guilty of conspiring to distribute cocaine or conspiring to distribute marijuana. <<585C3E5CA14C694C9190668F020D4046>]>> independent local journalism in Miami. 24 at 68-72, vol. * Marlon Beneby, a John Doe drug seller, who was shot July 23, 1998, and died later, allegedly at the hands of Smith's No. Appeals from the United States District Court for the Southern District of Florida. The Government's final argument at trial made no such assertion. Count 4 charged Allen and Gallashaw with possession of an unspecified amount of cocaine with intent to distribute in violation of 21 U.S.C. What about a law to lock the clock? The declaration of the district court during the Gallashaw sentencing hearing indicates that the printed instructions submitted to the jury were not corrected by adding the omitted reference to marijuana. Research the case of United States v. Gallashaw, from the Eleventh Circuit, 01-04-2007. constitutional, publishing, and other legal rights. Delays in his case were caused by everything from "unavailable attorney[s]" to out-of-town witnesses. On several occasions, however, the gang found it necessary to carry out its threats of violence and mayhem. How do I find if Latravis Gallashaw is still in a Miami-Dade County Jail? Join the New Times community and help support It is not entirely clear whether the Court would have sentenced Allen to a total of 300 months for a conviction of Count 4 standing alone, Other issues beyond those covered in this published opinion are addressed and resolved in a separate unpublished opinion. Count 10 of the superseding indictment alleged: On or about October 24, 1998, at Miami, Miami-Dade County, in the Southern District of Florida, and elsewhere, the defendants, Corey Smith, a/k/a "Bubba," Jeffrey Bullard, a/k/a "Jeffrey Tookes," a/k/a "Tank," Daniel Dunston, a/k/a "Danny Boy," a/k/a "D.B." (Superseding Indictment at 12 (emphasis added).). Allen was sentenced to 420 months.34, As with the conspiracy count, Counts 4, 10, and 11 did not allege any specific quantity of the controlled substance and the jury was not asked to make such a finding.35. 1999), vacated in part en banc, 218 F.3d 310 (4th Cir. First, we note that no enhancement was filed as to either Smith or Gallashaw, but such a notice was filed as to Allen. Count 4 of the superseding indictment alleged: On or about September 10, 1998, at Miami, Miami-Dade County, in the Southern District of Florida, and elsewhere, the defendants, Antonio Allen, a/k/a "Tony Wright," a/k/a "T. Wright," and Latravis Gallashaw, a/k/a "Trav," did knowingly and intentionally possess with intent to distribute a Schedule II controlled substance, that is, a mixture and substance containing a detectable amount of cocaine, in violation of Title 21, United States Code, Section 841(a) (1) and Title 18, United States Code, Section 2. Published mugshots and/or arrest records are previously published public records of: an arrest, an indictment, a registration, supervision or probation, the deprivation of liberty or a detention. "This will do a great deal of good in our community, " he said during Thursday's news conference, adding that he hopes police will continue to be a forceful presence. vol. But no error has been asserted with respect to the enhancement for the sentence as to Count 4. Inmates can only make outgoing phone calls. 24 at 125-26 (identifying Major on wiretap 37).) Count 11 of the superseding indictment alleged: On or about October 24, 1998, at Miami, Miami-Dade County, in the Southern District of Florida, and elsewhere, the defendants, Corey Smith, a/k/a "Bubba," Jeffrey Bullard, a/k/a "Jeffrey Tookes," a/k/a "Tank," Daniel Dunston, a/k/a "Danny Boy," a/k/a "D.B." Godfrey and Major were both convicted of Count 1 only. Such a review questions whether a conviction should, despite error during the trial, be affirmed. Inicio; Productos. 19 at 25-35, vol. Fearing retaliation, Roundtree and Smith got together with a third individual to finish off Hadley. /StemV 0 Before BIRCH and WILSON, Circuit Judges, and DOWD*, District Judge. He also noted that the most he ever made was $23,000 in a single 12-hour shift.9 Not surprisingly, when the Federal Bureau of Investigation ("FBI") put the John Doe gang out of business, it seized over $185,000 in cash from Smith's residence.10, The FBI began its operations in September 1997. 1998). The Second Circuit and the Sixth Circuit differ as to the procedure to be followed after finding a violation. Is this the Latravis Gallashaw you know? Filing vol. ), (Trial Tr. /O 46 In discussing the Dale-Rhynes issue, the following colloquy ensued: THE COURT: Since that time I have read another case now from the Fourth Circuit, United States versus Rhynes, R-h-y-n-e-s, at 196 F.3d 207. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia. 0000002613 00000 n 56 0 obj January 28, 2010 New Miami commissioner sworn-in and ready to get to work, Little dragon found on uninhabited Australian island is a new species. WebChicago, IL. Four of the Appellants, Smith, Gallashaw, Godfrey, and Stokes, were sentenced to life terms. These wiretap recordings and transcripts of the recordings were admitted into evidence at Smiths trial. ), Prior to final argument and the charging of the jury, each of the Defendants requested that the jury be given a verdict form to find whether the Defendants were guilty of conspiring to distribute cocaine or conspiring to distribute marijuana. ), (Trial Tr. "Collard greens" meant marijuana. /Font << /F13 48 0 R /F17 52 0 R >> 0000005245 00000 n Mugshots.com makes every effort to insure the accuracy of information posted on this website. The cost of renting a two-bedroom unit in the zip code 33142 is 50% The district court handled the question through one "all or nothing" instruction. /CropBox [0 0 612 792] Counts 6 and 9 charged only Gallashaw and Count 10 charged both Smith and Gallashaw of possession with intent to distribute marijuana in violation of 21 U.S.C. In United States v. Riley, 142 F.3d 1254, 1257 (11th Cir. ), (Trial Tr. Put differently, if no reasonable juror could have found the defendant guilty without also finding that the specific quantity of drugs was involved, then the defendant is not entitled to a resentencing. Among the accusations: five murders, including that of Cynthia Brown, a government witness killed in 1997 two days before her scheduled testimony against Corey Smith, the reputed leader of the John Does. 23 at 131-32, vol. Our query is whether the jury must have found that the evidence as to quantity was "overwhelming" and "essentially uncontroverted" so as to justify a maximum sentence beyond twenty years. Counts 5 and 20 charged Allen and Smith, respectively, of using and carrying a firearm in relation to a drug trafficking crime in violation of 18 U.S.C. at 490, 120 S. Ct. 2348. WebCase Date: March 19, 2009: Court: United States State Supreme Court of Florida: Page 473. Webtony roberts comedian net worth; preston magistrates sentencing; diamond sparkle effect in after effects; stock moe portfolio spreadsheet; car parking charges at princess alexandra hospital harlow He sleeps next to a stainless-steel sink inside private cell number 503 at the Miami-Dade County Pre-Trial Detention Center. The jury conviction followed a trial that spanned twenty-one days over a period of approximately seven weeks. (Trial Tr. Our best days are ahead. Make a one-time donation today for as little as $1. (He pleaded guilty last week. >> /Type /Font 2d 508 (1993), and as further defined in Johnson v. United States, 520 U.S. 461, 466-67, 117 S. Ct. 1544, 137 L. Ed. "hit" or "view": An internal web visit measurement unit. /AvgWidth 401 The Court noted that a sentencing judge is not limited to considering the offense of conviction. 430, 431, 432) on September 3, 1999, four days before the trial began. Webdo sand fleas taste good; internal medicine dermatology fellowship. Who is Latravis Gallashaw? These companies may use information (not including your name, address email address or telephone number) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. 24 at 103 (identifying Jeffrey Bullard on wiretap 3415). It says, "and marijuana.". On July 23, 1997, Brown was found dead in a hotel room. 879 0 obj <> endobj 1991). ), (Trial Tr. at 18.) The maid shook her, but she wouldn't wake up. 924(c) (1) & (2). (Trial Tr. Solucin Completa; Pre Proceso; Extraccin; Post Proceso; Gua de Extraccin /MaxWidth 2568 Our man in the red jumpsuit isn't alone. THE COURT: Well, again, I think I am going to rule consistent with what my ruling was last week on this case and on the other cases, but I am troubled by the Rhynes and the Dale opinion. Rhynes, 196 F.3d at 239. Our en banc decision in Sanchez clearly endorsed the use of harmless error analysis in this context. Count 12 charged Smith with knowingly possessing two unregistered hand grenades in violation of 26 U.S.C. 24 at 86, 87-95, 97-100 (describing circumstances of Wilson murder). (Superseding Indictment at 15 (emphasis added). Scott and Miami-Dade State Attorney Katherine Fernandez Rundle said they will review the cases for possible state prosecution. 2001). The indictment also accuses Eric Stokes and Julius Stevens, two John Doe lieutenants, with attempting to kill Anthony "Little Bo" Fail on Dec. 11, 1998, shooting more than 30 rounds into a house occupied by four adults and five children. While overworked attorneys, lenient judges, and mentally incompetent defendants are often blamed for clogging the jails, Davis's story raises questions about a system that functions like an old bicycle: It works just much too slowly. The gang soon discovered Fail's charade, which sent him running from the gang. Count 1 charged the Defendants of conspiracy to distribute cocaine and marijuana in violation of 21 U.S.C. trailer Web2 junio, 2022; google load balancer path prefix rewrite; how much does it cost to join peninsula yacht club According to the police report, he "provided [Brown] narcotics and alcohol in order to disable her" and then "smothered her with a pillow" in exchange for $10,000. 722 722 556 500 444 444 444 444 444 444 667 444 444 444 444 444 278 278 278 marijuana and crack, was not duplicitous; rather, the defendant's sentence that was based on a quantity of crack was improper, based on a general verdict, where the sentence exceeded the maximum sentence for conspiracy to distribute marijuana.37 The Dale court followed the teachings of United States v. Orozco-Prada, 732 F.2d 1076, 1083-1084 (2d Cir. (Appellee's Br. THE COURT: Okay. Allen responded by telling him to shut up and to leave immediately. (See, e.g., Trial Tr. Trav, Defendant-Appellant. "We can put these guys away for life. 778 333 333 444 444 350 500 1000 333 980 389 333 722 778 444 722 250 333 500 Lisette M. Reid, Anne R. Schultz, Kathleen M. Salyer, Miami, FL, for Plaintiff-Appellee. Smith's lawyer has said Smith is being unfairly targeted by police because they had to drop the murder charge against him. There is but one conspiracy. U Y9AAZ~0GO;&1\0w XP'vGEfzGBd7|j=CJv\;V90H1LWJ The Government alleged these counts as a result of the seizure on October 24, 1998, of both substances at Gallashaw's residence, located at 7705 Northwest 10th Avenue. /Encoding /WinAnsiEncoding 50 0 obj Are there more Mugshots of Latravis Gallashaw? Smith sensed that Cook was taking advantage of their childhood friendship, and put a contract out for his murder. Smith is implicated in all five murders outlined as "overt acts" in the indictment. xySx$mtSmv'm6:Asv>~\s9XfU}EB jcfk@@K P62r5rQHHm9B6F yaQ=o 2IKhR'1 ?XFSg^i>X[+] Beginning in the mid-1990s, a group of teenagers and young adults known as the "John Doe" gang trafficked drugs in Liberty City, an impoverished area of northwest Miami. /BaseFont /JPLAZF+TimesNewRoman Based on the record, the Fourth Circuit in Cotton found no Rhynes violation, but concluded that the district court erred in the sentencing phase of the case by imposing sentences in excess of twenty years for seven of the eight defendants convicted. 24 at 14-18, 25-26, 31-35, 44 (Couseillant's testimony regarding the search and seizure of Allen's residence). 21 at 9-17, vol. 45 0 obj xb```b``Ie`a``Kce@ ^sLd` 00 The conviction of Smith on Counts 10 and 11 are AFFIRMED. 0000004338 00000 n And most national felony cases take less than a year to adjudicate, according to BJS studies. The name is derived from the combination of the Major was a lieutenant and then a table man. Each facility has it's own visitation schedule. [This instruction] directed the jury to determine whether the single conspiracy alleged in the indictment existed and to determine who were its members. The wiretaps recorded calls on Gallashaws cell phone (which was registered to Smith) and Smiths landline at his residence. By contrast, only three Broward County inmates have been housed for more than five years. /Type /Catalog Why should Mugshots remain public record and available to all citizens? endobj How can I visit Latravis Gallashaw in jail? No, we can't, " he said. From time to time, agents raided the drug holes, arrested dealers, and seized substantial amounts of drugs, drug paraphernalia, and cash.13. stream /Filter [/FlateDecode ] Tr. 2d 435 (2000), had not yet been filed, but, as acknowledged by the district court during the sentencing hearings, the pivotal decisions in United States v. Dale, 178 F.3d 429 (6th Cir. The drug totals found here were computed from the amounts specified in the trial testimony. Ten years is a long, long time.". Eight were already in jail on other charges, one was in the hospital paralyzed from a gunshot wound, and 12 were picked up at home or on the streets. vol. United States v. Sanchez, 269 F.3d 1250, 1288 (11th Cir. His story shows the perils of using jails as a substitute for mental health clinics. Gallashaw met with Jackson, argued about the robbery for a short time, and then shot him five times. In December 1998, a teenage Michel allegedly shot a tourist from South Carolina in front of Bernice's Grocery Store on NW 24th Street. In doing so, however, Justice Breyer, writing for a unanimous court, opined: Of course, petitioners' statutory and constitutional claims would make a difference if it were possible to argue, say, that the sentences imposed exceeded the maximum that the statutes permit for a cocaine-only conspiracy. Any use of this data for any other purpose may be illegal. The sentences imposed on seven of the eight defendants exceeded the maximum sentence of twenty years provided for in 21 U.S.C. << No guarantee of accuracy is made herein. 920070104. So, under the law, a "conspiracy" is an agreement or a kind of "partnership in criminal purposes" in which each member becomes the agent or partner of every other member. In Cotton, the court held that the jury was unambiguously instructed that the charged conspiracy conviction could only be based on a finding, as charged in the indictment, that the defendants conspired to distribute or possessed with intent to distribute both substances. For latest case status, contact the official Law Enforcement Agency which originally released the information. I will not read it to you at length because you will be begin [sic] a copy of the Indictment for study during your deliberations. 10 czerwca 2022 /FontName /JPLAZF+TimesNewRoman She found a 32-year-old Liberty City mother of three named Cynthia Brown Davis's longtime girlfriend on the bed. I agree with the Government. 11 refers to Section 841(a) (1) concerning the crime of knowingly possessing cocaine or marijuana and uses the conjunction "or." Once the quantity of cocaine proven exceeds five kilograms, the statutory sentencing range is ten years to life imprisonment. The court's instructions, unlike the instructions in Cotton, made no reference to the necessity of finding both marijuana and cocaine as a part of the conspiracy. Webcertificate does not validate against root certificate authority. We have the following opinions for this case: The following documents for this case are available for you to view or download: Access the Case Summary and Docket Report to access additional information about this case on the US Court's PACER system. Its coming from Cuba, weather forecasters say. startxref vol. The Fifth Circuit in Green was confronted with a conviction of a conspiracy count that alleged over fifty kilograms of cocaine and over 50,000 tablets of phenmetrazine or preludes. /LastChar 255 }K]yg0_twC}pwOs 3/m\^9! WebThis appeal challenges both the jury convictions and sentences imposed on the six appellants, Corey Smith, Antonio Allen, Latravis Gallashaw, Eric Stokes, Antonio Godfrey, and Kettrick Major (collectively, the "Defendants" or the "Appellants"). "County jail is easier time than state prison.". /MediaBox [0 0 612 792] 879 15 29 at 127-35 (describing circumstances of Cook murder). `Jh````K`Hci @ fJ`! 43 at 5 (Gallashaw).). In that case, neither the defendants nor the government requested a special verdict as to the object of the conspiracy. The sufficiency of the evidence, however, does not resolve the multitude of sentencing issues that arose at trial. On one occasion, John Doe members saw what they thought was the vehicle owned by Fail with someone in it. Id. What was Latravis Gallashaw arrested for? %PDF-1.3 The sentences imposed on Gallashaw for Counts 4, 10 and 11 are VACATED and REMANDED for re-sentencing. Disguising himself and using a gun, Fail robbed the hole for which he was the assigned lieutenant. We stated: There is no plain error here, because there is no error. Join Facebook to connect with Latravis Gallashaw and others you may know. The court withheld judgment on Orozco-Prada's conviction for 30 days and gave the government an opportunity to consent to a resentencing for the conspiracy conviction based on the maximum established by the lesser controlled substance, i.e., marijuana. % 846. Latravis Gallashaw in Florida Miami-Dade County arrested for CONS.TO VIO.RACKTEERING LAW, RACKETEERING, CONSPIR.TO TRAFF.DRUGS, 2ND First, if the amount of one substance involved leads to a lower statutory maximum sentence than would apply to the amount of the other substance, then the district court must stay below the lower statutory maximum. 43 at 5-7 (emphasis added). vol. A federal search of respondent Jovan Powell's residence resulted in the seizure of 51.3 grams of cocaine base. And I know I had read Dale before we got to the conclusion of this case, and I am troubled that I didn't do it on my own to have avoided this circumstance. We recently held that Apprendi is implicated only when a judge-decided fact actually increases a defendant's sentence beyond the prescribed statutory maximum penalty for the crime of conviction and has no application to, or effect on, cases where a defendant's sentence falls at or below the maximum penalty. The jury trial began on September 7, 1999, and concluded with the guilty verdicts against all six defendants on October 21, 1999. 0000004805 00000 n Consequently, as to Counts 4, 10, and 11, we will engage in the required plain error analysis sanctioned by Cotton in view of the omission of any alleged quantity of the relevant controlled substance in these counts. Four of the Appellants, Smith, Gallashaw, Godfrey, and Stokes, were sentenced to life terms. The Dale court then opined: Seven of the eight circuits that have directly considered this issue have decided that the punishment imposed cannot exceed the shortest maximum penalty authorized in the statutes criminalizing the multiple objects if the punishment authorized by the conspiracy statute depends on the punishment provided for the substantive offenses which were the objects of the conspiracy. In addition to the wiretaps, the agency drove a number of unmarked vehicles in the area and monitored incoming mail to a post office box. Continuing, the Cotton court found that the evidence was sufficient to support a construction of the verdict that a jury could find a conspiracy with respect to both substances. /TrimBox [0 0 612 792] - Merriam Webster dictionary. The Government objected and the district court agreed that there was but one conspiracy: "cocaine, marijuana, period."40. No one has written a summary of this case yet. And consequently the Dale and the Rhynes courts have said that you have to use the marijuana maximum, rather than the cocaine maximum. This circuit has recognized repeatedly that where an Apprendi violation exists, as in this case with respect to the convictions of Smith and Gallashaw, a reviewing court must engage in a harmless error analysis. Also indicting Gallashaw on Count 4, the Government presented significant evidence to show that he, at the very least, aided and abetted in the substantive drug violation. February 2023 4K and Blu-ray Release Dates February has some classics coming out. AQ;#CES Computing the cocaine and crack totals, we find the record supports that approximately 1651.34 grams of powder and 246.2 grams of crack were seized from Gallashaw's residence as to Count 11.46 The Bruna testimony also supports a quantity of marijuana in excess of two kilograms which supports a maximum sentence, absent enhancement, of five years for Count 10. 21 U.S.C. The John Doe indictment accuses gang members of killing five people in the course of drug trafficking: * Leon Hadley, a rival drug dealer shot to death Aug. 21, 1995, allegedly by Smith and two other men. 35 at 189 (emphasis added).). Elite gathering of financial titans returns to Miami for annual event, Shooter who randomly killed man in South Miami-Dade shot dead by SWAT, police say, This 21-year Miami City Hall veteran says he wants to run for mayor again, Obviously a big decision: Suarez says hes still mulling presidential run, How do you get to and from South Beach without going crazy? In a case that is virtually identical to this one, the Supreme Court has rejected the same contention. Subscribe to Justia's Free Newsletters featuring summaries of federal and state court opinions. Five courts of appeals have held that when the jury returns a general verdict to a charge that a conspiratorial agreement covered multiple drugs, the defendant must be sentenced as if he distributed only the drug carrying the lower penalty. redistributed by Mugshots.com and is protected by After several plea agreements were struck, only twelve counts and six defendants remained. In the case at bar, the district court expressed some concern about the sentencing procedures as to Count 1, and mentioned both Dale and United States v. Rhynes, 196 F.3d 207 (4th Cir. 841(b) (1) (B). However, Mugshots.com does not guarantee the accuracy or timeliness of the content of this website. NCH}:PIzAYoQA`J)*8L/i/e4EQS(+qYTxc_8[K(Hym-5:jD;t4]-dn)2E3T3iL2JYi/WXTZfj3f8uS-M#p|DSDaI9_X 1MCGsur [Q:&s=89G&! 55a7O]}.o g{#y}HseAxa The evidence that the conspiracy involved at least 50 grams of cocaine base was "overwhelming" and "essentially uncontroverted." Trial Tr. /CapHeight 500 Davis is accused of suffocating his girlfriend to death with a pillow and is awaiting trial. On appeal, the decision in Cotton was reversed with respect to the sentencing issues in the context of Apprendi, but the Supreme Court did not address the Dale-Rhynes issue. The difficulty in this case with respect to the substantive drug convictions of Smith, Gallashaw, and Allen is that no specific drug quantity was alleged in Counts 4, 10 or 11. In the absence of the government's consent, however, it would vacate Orozco-Prada's conviction on the conspiracy count and remand for a new trial. /Ascent 693 The question whether the person is under arrest or not depends not on the legality of the arrest, but on whether the person has been deprived of personal liberty of movement. To prove Counts 10 and 11, the Government took the same approach as it did to prove Count 4. His lawyer unsuccessfully argued last year that the case should be dropped because Davis was denied the right to a speedy trial. With proof of a quantity between 500 grams and five kilograms, the statutory sentencing range is five to forty years, absent a pre-trial notice of enhancement for a prior drug conviction. WebJune 22, 2022. list of barangay captain in tarlac city 2019 vol. local news and culture, Natalie O'Neill The members fired numerous times at the vehicle, killing its occupant instantly. The Rev. The evidence of the Count 1 conspiracy is overwhelming. This site is protected by reCAPTCHA and the Google. WebLatravis Gallashaw is on Facebook. xref The appearance of the likeness and/or name of any person on mugshots.com is not an allegation by mugshots.com that the person has in fact engaged in any of the activities or crimes for which they have been charged. Now older, Smith supplied Cook with drugs to sell, but Cook refused to hand over any of the proceeds. 0000003387 00000 n by ; In 1996, Dominique Johnson was a rival drug dealer who engaged Smith in a heated argument over territory. Smith, Allen, and Gallashaw were not only charged with the drug conspiracy of Count 1, but were also charged with substantive offenses of drug possession with intent to distribute. /Length 412 ; 6 k m endstream The Watts court addressed the issue raised by the appellants involving its claim that the court should have given multiple conspiracy jury instructions and stated: The appellants allege that there was a fatal variance between the indictment and the evidence, and that the court should have given multiple conspiracy jury instructions. Thus, where a specific drug quantity triggers a mandatory minimum sentence or factors into a Sentencing Guidelines calculation, resulting in a sentence at or below the otherwise applicable maximum penalty in 841(b) (1) (C), no Apprendi error exists. WebQuick Facts 1334 Northwest 55th Ter, Miami, FL 33142-3134 is the residential address for Latravis. 0000004917 00000 n Thus, we examine the record as to the proof of cocaine quantities for the convictions of Smith and Gallashaw on Count 11. Allen was a bombman. United States v. Riley, 142 F.3d 1254, 1256 (11th Cir. vol. (Trial Tr. 44 13 0 Rather, at the beginning of its final argument, the Government made the following comments about the nature of the conspiracy: The case that you have learned about over the past six weeks or so is not a difficult case. 23 at 155-56, vol. Certain materials reproduced on this website are believed to be in the public domain. Injured, Lipscomb fled, but Godfrey caught up to him and shot him dead.20, Smith and the John Does knew no loyalty when it came to their drug trade. The Second Circuit in Orozco-Prada decided the issue of remedy once it determined that the single conspiracy count involving marijuana and crack suffered from the lack of a special verdict. 21 at 17-18, 22-23, vol. In Dale, the district court gave a specific unanimity charge as to two controlled substances, marijuana and crack, but gave the jury only a general verdict. Major was sentenced to a term of 240 months and Godfrey to life imprisonment. In 1995, Mark Roundtree, an affiliate of Smith, got into an argument with Hadley. Gender: M. /FirstChar 30 2d 435 (2000), provides that "other than the fact of a prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt."