I can’t access your reply because you are blocking me.
where and when. I’ll be back in Cali soon
where and when. I’ll be back in Cali soon
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Tomorrow, high noon.............Rockin'
(get it?)
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This pinoy boy who pretends to be white and loving bbc talks chit and wanted to see pics of my wife..
I just want a chance to meet him face to face and hear his apology. …
Wife’s are off limits… Straight Up apology here or in person you lil pinoy boyComment
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I’m a tad over 6 ft tall and I’m in shape —- help me get Straight Up to meet up..Originally posted by b morph View Post
what happened is straight up insulted my wife.
that is what happened..
I will smash him in seconds. But it won’t happen.
I thought wives were off limits!!
I am not the mofo you want to play games with.
I didn’t get sent to prison for being a nice guy.
Straight Up I don’t let chit go pinoy boy toy
I’ll let you hit me twice and then we fight
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Pre fight I want or be wanting you to bring me Food. Or in Filipino tagalog PoodOriginally posted by b morph View Post
PIZZA SLICE
4.3(1.3K) ?$$
Pizza ?Shibuya City, Tokyo
"Best American style pizza you can find in Tokyo!"
Expand more
L'Antica Pizzeria da Michele
4.1(990) ?$$
Pizza ?Shibuya City, Tokyo
Expand more
Shakey's
3.7(671) ?$
Pizza ?Shibuya City, Tokyo
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Do you know these guys??Originally posted by b morph View Post
Ill fly to Chicago and you will gladly pay for me. Okay. I’ll sweat you will drive. Ok. You are kinda on the hook. Back out now. Best advice bloat games with other guys.
John Cappas ran a ******* ring that operated primarily in Chicago's southwest suburbs. He and several of his associates were charged in a 49-count indictment. Nineteen defendants pled guilty, though Cappas and a few others went to trial. Cappas was convicted on 24 of the 27 counts with which he was charged, including one count of conspiring to possess and distribute ******* in violation of 21 U.S.C. Sec. 846, one count of running a continuing criminal enterprise (CCE), 21 U.S.C. Sec. 848, and three counts of using a gun in connection with a drug offense, 18 U.S.C. Sec. 924(c). He was sentenced to 45 years in prison: 30 year concurrent terms on the CCE and conspiracy counts (which were to run concurrent with the sentences on each of the remaining counts other than the three "use of a firearm" counts), and--as Sec. 924(c) then required--consecutive five-year terms on each of the three firearm counts.
2
On appeal, while we otherwise affirmed Cappas' conviction and sentence, we found that the district court may have considered Cappas' guilt on the conspiracy charge in sentencing him on the CCE count. United States v. Alvarez, , 830-31 (7th Cir.1988), cert. denied, 490 U.S. 1051, 109 S.Ct. 1966, 104 L.Ed.2d 434 (1989), recognized that under Jeffers v. United States, , 97 S.Ct. 2207, 53 L.Ed.2d 168 (1977), a defendant cannot be punished separately for both CCE and conspiracy. Hence we vacated Cappas' sentence, and remanded the matter to the district court for re-sentencing. United States v. Bafia, , 1472-75 (7th Cir.1991), cert. denied, --- U.S. ----, 112 S.Ct. 1989, 118 L.Ed.2d 586 (1992). See generally United States v. Herrera-Rivera, (7th Cir.1994) (following Bafia ).
3
On re-sentencing, Cappas pointed out another problem with the government's case. Three of the counts on which Cappas was convicted, counts 12, 28 and 29, were for using or carrying a firearm "during and in relation to" a "crime of violence or drug trafficking crime," 18 U.S.C. Sec. 924(c). Cappas argued that section 924(c) should be interpreted to require multiple predicate offenses before multiple gun enhancements may be imposed. On this theory, a defendant could not be convicted of multiple Sec. 924(c) counts for using multiple guns in a single drug trafficking offense. Rather, each Sec. 924(c) count needs to be tied to a different "crime of violence or drug trafficking crime." Eight courts of appeals have faced this question, seven of them coming down on Cappas' side. See United States v. Lindsay, , 674 (2d Cir.), cert. denied, --- U.S. ----, 114 S.Ct. 103, 126 L.Ed.2d 70 (1993); United States v. Luskin, , 376-77 (4th Cir.), cert. denied, --- U.S. ----, 112 S.Ct. 68, 116 L.Ed.2d 43 (1991); United States v. Privette, , 1262-63 (5th Cir.1991), cert. denied, --- U.S. ----, 112 S.Ct. 1279, 117 L.Ed.2d 505 (1992); United States v. Pineda-Ortuno, , 104-105 (5th Cir.), cert. denied, --- U.S. ----, 112 S.Ct. 1990, 118 L.Ed.2d 587 (1992); United States v. Henry, , 942-45 (6th Cir.1989); United States v. Nabors, , 1357-58 (6th Cir.), cert. denied, 498 U.S. 871, 111 S.Ct. 192, 112 L.Ed.2d 154 (1990); United States v. Clark, , 737-38 (6th Cir.), cert. denied, --- U.S. ----, 112 S.Ct. 144, 116 L.Ed.2d 110 (1991); United States v. Sims, , 1233-37 (6th Cir.1992), cert. denied, --- U.S. ----, 113 S.Ct. 1315, 122 L.Ed.2d 702 (1993); United States v. Taylor, , 992-94 (6th Cir.1994); United States v. Fontanilla, , 1258-59 (9th Cir.1988); United States v. Smith, , 894-95 (9th Cir.1991); United States v. Chalan, , 1315-17 (10th Cir.1987); United States v. Henning, , 1398-99 (10th Cir.1990), cert. denied, 498 U.S. 1069, 111 S.Ct. 789, 112 L.Ed.2d 852 (1991); United States v. Ross, , 1538-39 (10th Cir.1990); United States v. Rogers, , 1092-93 (10th Cir.1990), cert. denied, 501 U.S. 1211, 111 S.Ct. 2812, 115 L.Ed.2d 985 (1991); United States v. Moore, , 314 (10th Cir.1992); United States v. Johnson, , 1376-77 (10th Cir.1992), cert. denied, --- U.S. ----, 113 S.Ct. 1024, 122 L.Ed.2d 170 (1993); United States v. Parra, , 1070-71 (10th Cir.), cert. denied, --- U.S. ----, 114 S.Ct. 639, 126 L.Ed.2d 597 (1993); United States v. Hamilton, , 1345-46 (11th Cir.), cert. denied, --- U.S. ----, 113 S.Ct. 240, 121 L.Ed.2d 174 (1992). See also United States v. Casey, 776 F.Supp. 272, 275-78 (E.D.Va.1991), aff'd, 1992 WL 203955, 1992 U.S. App.Lexis 20232 (4th Cir.1992). We agree with our seven sister circuits (and the government does not here argue to the contrary) that have held that the use of multiple guns in a single drug conspiracy will not support multiple convictions under Sec. 924(c).
4
In light of this reasoning, Cappas pointed out to the district court that the indictments in counts 28 and 29 both alleged that guns were used in relation to the same predicate offense: conspiracy to possess and distribute narcotics as charged in count 2. And the third gun charge, count 12, alleged that Cappas used a gun in relation to two predicate acts, collection of a debt by extortionate means (as charged in count 11) and the general conspiracy charged in count 2. Reasoning that the jury might have convicted him three times of using a gun in connection with the same drug offense, Cappas moved the district court, pursuant to 28 U.S.C. Sec. 2255, to vacate his convictions on two of the three counts.
5
The government responded before the district court by advancing three arguments. First, it contended that because Cappas did not make this argument earlier, it could not be raised for the first time in a Sec. 2255 motion. Second, it argued that a single drug trafficking offense could support multiple section 924(c) convictions. And third, it insisted that the Sec. 924(c) conviction under count 12 was supportable by a separate crime of violence--the extortion charged in count 11--such that, even if the court did not accept either of its first two arguments, two of the three Sec. 924(c) counts could survive.
6
The district court rejected each of these arguments, and found that Cappas could be sentenced on only one of the three Sec. 924(c) counts. Accordingly, following our instructions on remand (regarding sentencing on CCE and conspiracy), the court sentenced Cappas to 19 years: concurrent 14-year terms on the conspiracy and CCE counts (with equal or lesser concurrent sentences on the other counts, other than the gun charge), and a single consecutive five-year term on count 12. The court dismissed counts 28 and 29. The government here appeals.
* On appeal, the government has abandoned the first two arguments it presented before the district court. It no longer contends either that Cappas has procedurally defaulted on the argument he makes here (the district court having recognized that a defendant may advance--in a resentencing following the vacation of a previous sentence--any arguments that could have been brought the first time, see United States v. Atkinson, , 1223 (7th Cir.1992)), or that multiple Sec. 924(c) convictions for the use of multiple guns in connection with the same conspiracy are permissible.
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Z
No one is ****** enough to even raise their voice to you much less a balled hand.Comment
Zaroku
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