Opinion of the Court — United States v. Sencion

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Type: Opinion of the Court
Filed: April 26, 2002
Case: United States v. Sencion
Case status: Decided

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Opening text

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SUMMARY ORDER UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that the judgment of the District Court be and it hereby is AFFIRMED. As a result of a federal investigation into the “Lajara/Resto Organization,” Juan La-jara (“Lajara”) was charged and convicted pursuant to two separate indictments. In 1999, Lajara pled guilty before Judge Martin in federal district court in the Southern District of New York to conspiring to possess with intent to distribute five kilograms and more of cocaine and one kilogram and more of heroin, in violation of 21 U.S.C. § 846 , and was sentenced to 135 months’ imprisonment. Approximately two years later, in the instant case, Lajara pled guilty before Judge Rakoff to racketeering in violation of 18 U.S.C. § 1962 (c). Two predicate acts were enumerated: a December 1997 conspiracy to murder James Kevin Davis and a Spring 1997 conspiracy to kidnap “Frank.” In the Presentence Report (“PSR”) in the instant case, the Probation Department determined that the two predicate acts were to be treated as if they were separate counts of conviction, and not grouped pursuant to U.S.S.G. § 3D1.2. The applicable offense level for “Racketeering Act On…

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