Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

United States v. Larios

United States District Court, D. Massachusetts

January 8, 2018

UNITED STATES OF AMERICA
v.
ERICK ARGUETA LARIOS a/k/a “Lobos, ” Defendant.

          MEMORANDUM AND ORDER ON DEFENDANT LARIOS'S MOTION TO DISMISS COUNT 3 AS MULTIPLICITOUS WITH COUNT 2

          F. DENNIS SAYLOR, IV UNITED STATES DISTRICT JUDGE.

         Erick Argueta Larios is one of 61 defendants named in the indictment in this case. He is charged in Count 2, conspiracy to conduct enterprise affairs through a pattern of racketeering activity in violation of 18 U.S.C. § 1962(d), and Count 3, conspiracy to distribute cocaine and possess cocaine with intent to distribute in violation of 21 U.S.C. § 846. He has filed a motion to dismiss Count 3 as against him on the ground that it is multiplicitous with Count 2 and therefore violates the Double Jeopardy Clause of the Constitution. For the following reasons, that motion will be denied.

         I. Background

         A. Factual Background

         The facts are set forth as described in the Fifth Superseding Indictment.

         Count 2 charges Larios and 42 other defendants with conspiracy to conduct enterprise affairs through a pattern of racketeering activity in violation of 18 U.S.C. § 1962(d), “from a time unknown to the Grand Jury and continuing until in or about January 2016, at East Boston, Chelsea, Somerville, Revere, Cambridge, and Everett, and elsewhere in the District of Massachusetts, in Richmond, in the Eastern District of Virginia, in Salem, and elsewhere in the District of New Hampshire, in the District of Arizona, in the District of New Jersey, and at other places presently known and unknown.” (Fifth Superseding Indict. ¶ 25).

         The indictment alleges that the enterprise is La Mara Salvatrucha, or MS-13, a transnational criminal organization made up largely of immigrants from El Salvador. (Id. ¶¶ 2, 5). It alleges that MS-13 is an “ongoing organization whose members functioned as a continuing unit that had a common purpose” of achieving certain goals-namely, (a) “[p]reserving and protecting the power, territory, reputation, and profits of the enterprise through the use of intimidation, violence, threats of violence, assaults, and murder”; (b) promoting the enterprise and its criminal activities; (c) keeping victims and community members in fear; (d) “[p]roviding financial support and information to MS-13 members, including those incarcerated in the United States and El Salvador”; and (e) assisting MS-13 members who had committed crimes on behalf of MS-13 from being apprehended and prosecuted by law enforcement. (Id. ¶¶ 23-24).

         The indictment further alleges that the pattern of racketeering activity consisted of multiple acts involving trafficking of cocaine, cocaine base, heroin, and marijuana; multiple acts involving murder, attempted murder, assault with intent to murder, armed assault with intent to murder, and conspiracy to commit murder; and multiple acts involving robbery, armed robbery, armed assault with intent to rob, attempted robbery, and conspiracy to rob. (Id. ¶ 26).

         Among other “means and methods of the conspiracy, ” the indictment alleges that certain of the racketeering acts the defendants allegedly conspired to commit actually occurred, including six murders, twenty attempted murders, four conspiracies to distribute drugs, and one robbery. (Id. ¶¶ 29-31). Of those specified racketeering acts, the only one that alleges involvement by Larios is a conspiracy to distribute cocaine and possess cocaine with intent to distribute and to distribute in violation of 21 U.S.C. § 846. The indictment alleges that the drug conspiracy existed from February 2014 at the latest to December 2014 at the earliest, occurred in Saugus, Massachusetts, Salem, New Hampshire, and elsewhere in the Districts of Massachusetts and New Hampshire, and involved more than five kilograms of cocaine. (Id. ¶ 30(b)).

         Count 3 charges Larios and three other defendants with conspiracy to distribute cocaine. (Id. ¶¶ 32-34). That conspiracy appears to be the same conspiracy alleged to have been one of the “means and methods” of the racketeering conspiracy, in that it is alleged to have occurred from February 2014 at the latest to December 2014 at the earliest, to have occurred in Saugus, Massachusetts, Salem, New Hampshire, and elsewhere in the Districts of Massachusetts and New Hampshire, and to have involved five kilograms or more of cocaine.

         B.Procedural Background

         In order to make the trial in this case manageable, the defendants were preliminarily severed into four groups on April 6, 2017. Larios is in “Group Three, ” the trial of which is set to begin on January 29, 2018.

         On November 30, 2017, Larios filed a motion to dismiss Count 3 as multiplicitous. The government filed an opposition on December 14, 2017.

         II. L ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.