In two steps that essentially cancelled each other out, the district court applied both a two-level upward adjustment to Martinez’s offense level for obstruction of justice (over Martinez’s objection) and a two-level downward adjustment for acceptance of responsibility (over the government’s objection). At the hearing, Martinez agreed that his base offense level was properly calculated at 36, and that a two-level upward adjustment for gun possession was appropriate. Martinez’s sentencing hearing occurred on August 19, 2010. To that end, he pled guilty to the conspiracy count of the indictment pursuant to a written plea agreement, promising to cooperate with the government in the process
Suspended imposition of sentence background check crack#
In June 2003, Martinez and other Chapter members (the “Inca” and the “Cacicque,” along with “Candyman,” “Babyfat,” and others with similarly creative street names) were arrested and charged with distribution of crack cocaine and drug conspiracy.īy November 2003, Martinez could tell which way the wind was blowing and decided to cut his losses.
Unfortunately for Martinez, one of his many drug sales was to a cooperating witness of the FBI. The various monies handed over to the Chapter by its members helped to fund something of a social program, subsidizing gun purchases, bonds for jailed gang members, gang security, presumably escalating funeral costs, and the like. On at least two occasions, Martinez returned some of the proceeds from his crack sales back to the Chapter.
Throughout his time with the Chapter, Martinez attended gang meetings, paid his dues (literally), and sold crack throughout the gang’s area of dominance. To facilitate crack distribution, the Chapter held meetings, where the payment of dues, the sale of drugs, and the gang’s security operations were coordinated. Like any other enterprise, the Chapter needed funds to maintain itself, and it often utilized rank members like Martinez to make money via the crack cocaine trade. Also present were a number of disreputables who seemingly occupied the low- to mid-level ranks of the Chapter. Among this cast of malcontents were Leonard Clark, who was the leader (or “Inca”) of the Chapter, and Juan Cruz, who was Clark’s chief lieutenant (or “Cacicque”). As part of his membership with the Chapter, Martinez became associated with an interesting cast of characters. In 1998, Martinez joined the West Town Chapter of the Latin Kings street gang, an affiliation that would last until at least 2001. Martinez now challenges his sentence, claiming that the obstruction of justice adjustment he received was improper and that his term of incarceration is “just too much.” Because the obstruction adjustment was appropriate and the district court’s sentence was reasonable, we affirm Martinez’s sentence. He was ultimately sentenced to 240 months’ incarceration. Police caught up with him in 2008, and he again pled guilty-this time to the drug conspiracy and crack distribution charges. Rather than present himself for sentencing as planned, however, Martinez fled. In 2003, Martinez pled guilty to the conspiracy charge pursuant to a plea agreement. During his time with the gang, Martinez sold crack cocaine in the Humboldt Park area of Chicago, activity that led to an arrest for crack distribution and drug conspiracy. 10-3028.Įrick Martinez was affiliated with the Latin Kings street gang throughout an extended period of his youth.