United States v. Killip

819 F.2d 1542
CourtCourt of Appeals for the Tenth Circuit
DecidedJune 1, 1987
DocketNos. 85-1836 to 85-1839, 85-1882 and 85-2284
StatusPublished
Cited by33 cases

This text of 819 F.2d 1542 (United States v. Killip) is published on Counsel Stack Legal Research, covering Court of Appeals for the Tenth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Killip, 819 F.2d 1542 (10th Cir. 1987).

Opinion

McKAY, Circuit Judge.

On February 6, 1985, John Scott Killip, Johnnie Lee Adams, Donald Edward Car-rail, Jr., Ronald Dale Krout, James Sam Marr, Virgil Earl Nelson, Steven Allan Pfaff and Marcel Teague were indicted in the Western District of Oklahoma. Count one of the indictment charged Messrs. Kil-lip, Adams, Krout, Nelson, Pfaff and Teag-ue with violations of the substantive provisions of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968 (1982 & Supp. Ill 1985) (RICO). The Government alleged that each defendant, as a past or present member of the Oklahoma City chapter of the Outlaws Motorcycle Club, was associated with an enterprise, the conduct of which affected interstate commerce, and charged each defendant with engaging in the affairs of an enterprise through a pattern of racketeering activity as defined in 18 U.S.C. § 1961(1)(A), (B) & (D). The Government specifically identified seven predicate acts that allegedly showed a pattern of racketeering:

1. The Oklahoma drug conspiracy — a conspiracy during January and February of 1980 to distribute drugs in the Western District of Oklahoma;
2. The Belleville drug transactions— travel between Oklahoma City, Oklahoma and Belleville, Illinois between November 198Ó.and March 1981 with the intent to engage in drug trafficking;
3. Possession of drugs — possession with intent to distribute on July 29, 1981, in Oklahoma City.
4. The Florida drug transactions — travel from Oklahoma City, Oklahoma to Tampa, Florida; Orlando, Florida; and Atlanta, Georgia during March and April of 1982 with the intent to engage in drug trafficking;
5. The Ardmore kidnapping — kidnapping of a victim on April 11, 1982, at a place near Ardmore, Oklahoma;
6. The Fort Smith incident — an arrest at Fort Smith, Arkansas in October 1982 when traveling from Oklahoma City, Oklahoma towards Memphis, Tennessee with money obtained from the sale of controlled substances; and
[1544]*15447. Arson — attempted arson on March 10, 1983, on a house located at 700 S.E. 21st Street in Oklahoma City, Oklahoma.

The Government alleged that Messrs. Kil-lip, Adams, Nelson and Teague participated in the Oklahoma drug conspiracy; that Mr. Killip and Mr. Teague were involved in the Belleville transactions; that Mr. Pfaff possessed LSD in Oklahoma City; that Mr. Killip and Mr. Krout engaged in the Florida drug transactions; that Messrs. Killip, Adams, Nelson, Krout and Pfaff participated in the kidnapping; that Mr. Killip and Mr. Krout were guilty of drug trafficking in the Fort Smith incident; and that Mr. Adams attempted to commit arson on the house in Oklahoma City.

In count two, the same defendants were charged with conspiracy to violate substantive RICO provisions. The Government incorporated the predicate acts alleged in count one and recited numerous other overt acts that showed the conspiracy. In count three the Government charged Mr. Carrall and Mr. Marr with engaging in a conspiracy to distribute drugs. These charges were based on Mr. Carrall’s and Mr. Marr’s participation in distribution of drugs by members of the Oklahoma City chapter of the Outlaws Motorcycle Club.

, Before trial, Mr. Carrall moved for a separate trial under Fed.R.Crim.P. 14, claiming that a joint trial would prejudice his defense. The trial court denied Mr. Carrall’s motion, and Mr. Carrall pleaded guilty. The remaining defendants proceeded tó a jury trial.

The jury returned its verdicts on April 18, 1985. It found Messrs. Killip, Adams and Nelson guilty of the substantive RICO violations and Messrs. Krout, Pfaff and Teague not guilty. On the RICO conspiracy charges the jury found Messrs. Killip, Adams, Krout, Nelson, Pfaff and Teague guilty, and on the drug conspiracy charges it found Mr. Marr guilty. The district court entered judgment on the jury verdict and sentenced each of the defendants. Each appealed to this court.1

I. Facts

All defendants either are, or were, members of the Oklahoma City chapter of the Outlaws Motorcycle Club. This club is an international association comprised of local chapters in the United States and Canada, although the members refer to the overall association as a national club. The local chapters are divided into six regions; thus each member is a part of a local chapter as well as a regional and a national organization. Officers at the national, regional and local levels are chosen from the membership of the club.

The national club has a constitution that sets forth prerequisites for becoming a member, gives directions for conduct of members and provides for disengagement of members in both good and bad standing. The constitution also permits local chapters to adopt their own guidelines. Thus, the national guidelines are supplemented by local bylaws from each chapter.

Becoming a member of the Outlaws involves a three-stage process. First, a prospective member associates himself with the club by becoming a “hangaround” at a local chapter. A hangaround attends chapter parties and must follow all orders given by members. However, he is not permitted to participate in any club meetings and, in fact, is not allowed in the club house during meetings.

A hangaround starts on the track to full patchwearing membership by obtaining the sponsorship of a member. Hfe then becomes a “probate.” A probate, like a han-garound, attends chapter parties, follows members’ orders and is not allowed to participate in club meetings. Unlike a han-garound, however, a probate may wear a probationary Outlaw patch and knows that he is on the track to membership.

After serving his probationary period, a period determined by the local chapter, a [1545]*1545probate will be considered for full patch-wearing membership. The patchwearing members of the local chapter vote on a probate’s admission to the club, and will admit him only if the full patchwearing membership votes unanimously to accept him as a member. Once a member, he has all rights, privileges and responsibilities of a patchwearing member.

Each member of the Outlaws is required to attend national runs, to attend funerals and to pay monthly dues. Failure to attend any mandatory run or funeral results in a $100 fine, half of which is payable to the national organization and half of which is payable to the local chapter. If a member fails to pay fines or monthly dues, the chapter can require him to relinquish the title to his motorcycle. Continued delinquencies result in the sale of the motorcycle. Because membership in the club requires ownership of'a motorcycle (American-made), a member'whose motorcycle is sold is demoted to probate status.

While the national or regional levels of the club sponsor runs, local chapters frequently sponsor parties to increase the camaraderie of members and to encourage others to join the club. Members, probates and hangarounds always attend these parties. In addition, members may invite other guests.

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Bluebook (online)
819 F.2d 1542, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-killip-ca10-1987.