Date: 05-31-2013

Case Style: United States of America v. Kaboni Savage

Case Number: 2:07-cr-00550-RBS

Judge: Not Available

Court: United States District Court for the Eastern District of Pennsylvania (Philadelphia County)

Plaintiff's Attorney: John M. Gallagher and David E. Troyer

Defendant's Attorney: Christian J. Hoey

Description: The United States of America charged Kaboni Savage with conspiracy to participate in a racketeering enterprise in violation of 18 U.S.C. 1962; murder in aid of racketeering activity in violation of 18 U.S.C. 1959; retaliating against a witness in violation of 18 U.S.C. 1513; using fire to commit a felony in violation of 18 U.S.C. 844; tampering with a witness in violation of 18 U.S.C. 1512; racketeering - murder in violation of 18 U.S.C. 1962; aiding and abetting retaliation against a witness in violation of 18 U.S.C. 1513 in conjunction with the fire bombing of the house of the mother of a witness against him in 2004.

_______________________________

Title 18 U.S.C. Section 842 provides:

(a) It shall be unlawful for any person—
(1) to engage in the business of importing,
manufacturing, or dealing in explosive materials
without a license issued under this chapter;
(2) knowingly to withhold information or to
make any false or fictitious oral or written
statement or to furnish or exhibit any false,
fictitious, or misrepresented identification, intended
or likely to deceive for the purpose of
obtaining explosive materials, or a license,
permit, exemption, or relief from disability
under the provisions of this chapter;
(3) other than a licensee or permittee knowingly—
(A) to transport, ship, cause to be transported,
or receive any explosive materials;
or
(B) to distribute explosive materials to
any person other than a licensee or permittee;
or
(4) who is a holder of a limited permit—
(A) to transport, ship, cause to be transported,
or receive in interstate or foreign
commerce any explosive materials; or
(B) to receive explosive materials from a
licensee or permittee, whose premises are located
outside the State of residence of the
limited permit holder, or on more than 6
separate occasions, during the period of the
permit, to receive explosive materials from 1
or more licensees or permittees whose premises
are located within the State of residence
of the limited permit holder.
(b) It shall be unlawful for any licensee or permittee
to knowingly distribute any explosive
materials to any person other than—
(1) a licensee;
(2) a holder of a user permit; or
(3) a holder of a limited permit who is a resident
of the State where distribution is made
and in which the premises of the transferor are
located.
(c) It shall be unlawful for any licensee to distribute
explosive materials to any person who
the licensee has reason to believe intends to
transport such explosive materials into a State
where the purchase, possession, or use of explosive
materials is prohibited or which does not
permit its residents to transport or ship explosive
materials into it or to receive explosive materials
in it.
(d) It shall be unlawful for any person knowingly
to distribute explosive materials to any
individual who:
(1) is under twenty-one years of age;
(2) has been convicted in any court of a
crime punishable by imprisonment for a term
exceeding one year;
(3) is under indictment for a crime punishable
by imprisonment for a term exceeding
one year;
(4) is a fugitive from justice;
(5) is an unlawful user of or addicted to any
controlled substance (as defined in section 102
of the Controlled Substances Act (21 U.S.C.
802));
(6) has been adjudicated a mental defective
or who has been committed to a mental institution;
(7) is an alien, other than an alien who—
(A) is lawfully admitted for permanent residence
(as defined in section 101(a)(20) of the
Immigration and Nationality Act);
(B) is in lawful nonimmigrant status, is a
refugee admitted under section 207 of the
Immigration and Nationality Act (8 U.S.C.
1157), or is in asylum status under section
208 of the Immigration and Nationality Act
(8 U.S.C. 1158), and—
(i) is a foreign law enforcement officer of
a friendly foreign government, as determined
by the Secretary 1 in consultation
with the Secretary of State, entering the
United States on official law enforcement
business, and the shipping, transporting,
possession, or receipt of explosive materials
is in furtherance of this official law
enforcement business; or
(ii) is a person having the power to direct
or cause the direction of the management
and policies of a corporation, partnership,
or association licensed pursuant to section
843(a), and the shipping, transporting, possession,
or receipt of explosive materials is
in furtherance of such power;
(C) is a member of a North Atlantic Treaty
Organization (NATO) or other friendly foreign
military force, as determined by the Attorney
General in consultation with the Secretary
of Defense, who is present in the
United States under military orders for
training or other military purpose authorized
by the United States and the shipping,
transporting, possession, or receipt of explosive
materials is in furtherance of the authorized
military purpose; or
(D) is lawfully present in the United States
in cooperation with the Director of Central
Intelligence, and the shipment, transportation,
receipt, or possession of the explosive
materials is in furtherance of such cooperation;
(8) has been discharged from the armed
forces under dishonorable conditions; 2
(9) having been a citizen of the United
States, has renounced the citizenship of that
person.
(e) It shall be unlawful for any licensee knowingly
to distribute any explosive materials to
any person in any State where the purchase,
possession, or use by such person of such explosive
materials would be in violation of any State
law or any published ordinance applicable at the
place of distribution.
(f) It shall be unlawful for any licensee or permittee
willfully to manufacture, import, purchase,
distribute, or receive explosive materials
without making such records as the Attorney
General may by regulation require, including,
but not limited to, a statement of intended use,
the name, date, place of birth, social security
number or taxpayer identification number, and
place of residence of any natural person to
whom explosive materials are distributed. If explosive
materials are distributed to a corporation
or other business entity, such records shall
include the identity and principal and local
places of business and the name, date, place of
birth, and place of residence of the natural person
acting as agent of the corporation or other
business entity in arranging the distribution.
(g) It shall be unlawful for any licensee or permittee
knowingly to make any false entry in
any record which he is required to keep pursuant
to this section or regulations promulgated
under section 847 of this title.
(h) It shall be unlawful for any person to receive,
possess, transport, ship, conceal, store,
barter, sell, dispose of, or pledge or accept as security
for a loan, any stolen explosive materials
which are moving as, which are part of, which
constitute, or which have been shipped or transported
in, interstate or foreign commerce, either
before or after such materials were stolen,
knowing or having reasonable cause to believe
that the explosive materials were stolen.
(i) It shall be unlawful for any person—
(1) who is under indictment for, or who has
been convicted in any court of, a crime punishable
by imprisonment for a term exceeding
one year;
(2) who is a fugitive from justice;
(3) who is an unlawful user of or addicted to
any controlled substance (as defined in section
102 of the Controlled Substances Act (21 U.S.C.
802));
(4) who has been adjudicated as a mental defective
or who has been committed to a mental
institution;
(5) who is an alien, other than an alien who—
(A) is lawfully admitted for permanent residence
(as that term is defined in section
101(a)(20) of the Immigration and Nationality
Act);
(B) is in lawful nonimmigrant status, is a
refugee admitted under section 207 of the
Immigration and Nationality Act (8 U.S.C.
1157), or is in asylum status under section
208 of the Immigration and Nationality Act
(8 U.S.C. 1158), and—
(i) is a foreign law enforcement officer of
a friendly foreign government, as determined
by the Secretary 1 in consultation
with the Secretary of State, entering the
United States on official law enforcement
business, and the shipping, transporting,
possession, or receipt of explosive materials
is in furtherance of this official law
enforcement business; or
(ii) is a person having the power to direct
or cause the direction of the management
and policies of a corporation, partnership,
or association licensed pursuant to section
843(a), and the shipping, transporting, possession,
or receipt of explosive materials is
in furtherance of such power;
(C) is a member of a North Atlantic Treaty
Organization (NATO) or other friendly foreign
military force, as determined by the Attorney
General in consultation with the Secretary
of Defense, who is present in the
United States under military orders for
training or other military purpose authorized
by the United States and the shipping,
transporting, possession, or receipt of explosive
materials is in furtherance of the authorized
military purpose; or
(D) is lawfully present in the United States
in cooperation with the Director of Central
Intelligence, and the shipment, transportation,
receipt, or possession of the explosive
materials is in furtherance of such cooperation;
(6) who has been discharged from the armed
forces under dishonorable conditions; 2
(7) who, having been a citizen of the United
States, has renounced the citizenship of that
person 3
to ship or transport any explosive in or affecting
interstate or foreign commerce or to receive or
possess any explosive which has been shipped or
transported in or affecting interstate or foreign
commerce.
(j) It shall be unlawful for any person to store
any explosive material in a manner not in conformity
with regulations promulgated by the
Attorney General. In promulgating such regulations,
the Attorney General shall take into consideration
the class, type, and quantity of explosive
materials to be stored, as well as the standards
of safety and security recognized in the explosives
industry.
(k) It shall be unlawful for any person who has
knowledge of the theft or loss of any explosive
materials from his stock, to fail to report such
theft or loss within twenty-four hours of discovery
thereof, to the Attorney General and to appropriate
local authorities.
(l) It shall be unlawful for any person to manufacture
any plastic explosive that does not contain
a detection agent.
(m)(1) It shall be unlawful for any person to
import or bring into the United States, or export
from the United States, any plastic explosive
that does not contain a detection agent.
(2) This subsection does not apply to the importation
or bringing into the United States, or
the exportation from the United States, of any
plastic explosive that was imported or brought
into, or manufactured in the United States prior
to the date of enactment of this subsection by or
on behalf of any agency of the United States
performing military or police functions (including
any military reserve component) or by or on
behalf of the National Guard of any State, not
later than 15 years after the date of entry into
force of the Convention on the Marking of Plastic
Explosives, with respect to the United
States.
(n)(1) It shall be unlawful for any person to
ship, transport, transfer, receive, or possess any
plastic explosive that does not contain a detection
agent.
(2) This subsection does not apply to—
(A) the shipment, transportation, transfer,
receipt, or possession of any plastic explosive
that was imported or brought into, or manufactured
in the United States prior to the date
of enactment of this subsection by any person
during the period beginning on that date and
ending 3 years after that date of enactment; or
(B) the shipment, transportation, transfer,
receipt, or possession of any plastic explosive
that was imported or brought into, or manufactured
in the United States prior to the date
of enactment of this subsection by or on behalf
of any agency of the United States performing
a military or police function (including
any military reserve component) or by or
on behalf of the National Guard of any State,
not later than 15 years after the date of entry
into force of the Convention on the Marking of
Plastic Explosives, with respect to the United
States.
(o) It shall be unlawful for any person, other
than an agency of the United States (including
any military reserve component) or the National
Guard of any State, possessing any plastic
explosive on the date of enactment of this
subsection, to fail to report to the Attorney
General within 120 days after such date of enactment
the quantity of such explosives possessed,
the manufacturer or importer, any marks of
identification on such explosives, and such other
information as the Attorney General may prescribe
by regulation.
(p) DISTRIBUTION OF INFORMATION RELATING TO
EXPLOSIVES, DESTRUCTIVE DEVICES, AND WEAPONS
OF MASS DESTRUCTION.—
(1) DEFINITIONS.—In this subsection—
(A) the term ‘‘destructive device’’ has the
same meaning as in section 921(a)(4);
(B) the term ‘‘explosive’’ has the same
meaning as in section 844(j); and
(C) the term ‘‘weapon of mass destruction’’
has the same meaning as in section
2332a(c)(2).
(2) PROHIBITION.—It shall be unlawful for any
person—
(A) to teach or demonstrate the making or
use of an explosive, a destructive device, or
a weapon of mass destruction, or to distribute
by any means information pertaining to,
in whole or in part, the manufacture or use
of an explosive, destructive device, or weapon
of mass destruction, with the intent that
the teaching, demonstration, or information
be used for, or in furtherance of, an activity
that constitutes a Federal crime of violence;
or
(B) to teach or demonstrate to any person
the making or use of an explosive, a destructive
device, or a weapon of mass destruction,
or to distribute to any person, by any
means, information pertaining to, in whole
or in part, the manufacture or use of an explosive,
destructive device, or weapon of
mass destruction, knowing that such person
intends to use the teaching, demonstration,
or information for, or in furtherance of, an
activity that constitutes a Federal crime of
violence.


Title 18 U.S.c. Section 844 provides:

(a) Any person who—
(1) violates any of subsections (a) through (i)
or (l) through (o) of section 842 shall be fined
under this title, imprisoned for not more than
10 years, or both; and
(2) violates subsection (p)(2) of section 842,
shall be fined under this title, imprisoned not
more than 20 years, or both.
(b) Any person who violates any other provision
of section 842 of this chapter shall be fined
under this title or imprisoned not more than one
year, or both.
(c)(1) Any explosive materials involved or used
or intended to be used in any violation of the
provisions of this chapter or any other rule or
regulation promulgated thereunder or any violation
of any criminal law of the United States
shall be subject to seizure and forfeiture, and all
provisions of the Internal Revenue Code of 1986
relating to the seizure, forfeiture, and disposition
of firearms, as defined in section 5845(a) of
that Code, shall, so far as applicable, extend to
seizures and forfeitures under the provisions of
this chapter.
(2) Notwithstanding paragraph (1), in the case
of the seizure of any explosive materials for any
offense for which the materials would be subject
to forfeiture in which it would be impracticable
or unsafe to remove the materials to a place of
storage or would be unsafe to store them, the

seizing officer may destroy the explosive materials
forthwith. Any destruction under this paragraph
shall be in the presence of at least 1 credible
witness. The seizing officer shall make a report
of the seizure and take samples as the Attorney
General may by regulation prescribe.
(3) Within 60 days after any destruction made
pursuant to paragraph (2), the owner of (including
any person having an interest in) the property
so destroyed may make application to the
Attorney General for reimbursement of the
value of the property. If the claimant establishes
to the satisfaction of the Attorney General
that—
(A) the property has not been used or involved
in a violation of law; or
(B) any unlawful involvement or use of the
property was without the claimant’s knowledge,
consent, or willful blindness,
the Attorney General shall make an allowance
to the claimant not exceeding the value of the
property destroyed.
(d) Whoever transports or receives, or attempts
to transport or receive, in interstate or
foreign commerce any explosive with the knowledge
or intent that it will be used to kill, injure,
or intimidate any individual or unlawfully to
damage or destroy any building, vehicle, or
other real or personal property, shall be imprisoned
for not more than ten years, or fined under
this title, or both; and if personal injury results
to any person, including any public safety officer
performing duties as a direct or proximate
result of conduct prohibited by this subsection,
shall be imprisoned for not more than twenty
years or fined under this title, or both; and if
death results to any person, including any public
safety officer performing duties as a direct or
proximate result of conduct prohibited by this
subsection, shall be subject to imprisonment for
any term of years, or to the death penalty or to
life imprisonment.
(e) Whoever, through the use of the mail, telephone,
telegraph, or other instrument of interstate
or foreign commerce, or in or affecting
interstate or foreign commerce, willfully makes
any threat, or maliciously conveys false information
knowing the same to be false, concerning
an attempt or alleged attempt being made,
or to be made, to kill, injure, or intimidate any
individual or unlawfully to damage or destroy
any building, vehicle, or other real or personal
property by means of fire or an explosive shall
be imprisoned for not more than 10 years or
fined under this title, or both.
(f)(1) Whoever maliciously damages or destroys,
or attempts to damage or destroy, by
means of fire or an explosive, any building, vehicle,
or other personal or real property in whole
or in part owned or possessed by, or leased to,
the United States, or any department or agency
thereof, or any institution or organization receiving
Federal financial assistance, shall be imprisoned
for not less than 5 years and not more
than 20 years, fined under this title, or both.
(2) Whoever engages in conduct prohibited by
this subsection, and as a result of such conduct,
directly or proximately causes personal injury
or creates a substantial risk of injury to any
person, including any public safety officer performing
duties, shall be imprisoned for not less
than 7 years and not more than 40 years, fined
under this title, or both.
(3) Whoever engages in conduct prohibited by
this subsection, and as a result of such conduct
directly or proximately causes the death of any
person, including any public safety officer performing
duties, shall be subject to the death
penalty, or imprisoned for not less than 20 years
or for life, fined under this title, or both.
(g)(1) Except as provided in paragraph (2), whoever
possesses an explosive in an airport that is
subject to the regulatory authority of the Federal
Aviation Administration, or in any building
in whole or in part owned, possessed, or used by,
or leased to, the United States or any department
or agency thereof, except with the written
consent of the agency, department, or other person
responsible for the management of such
building or airport, shall be imprisoned for not
more than five years, or fined under this title,
or both.
(2) The provisions of this subsection shall not
be applicable to—
(A) the possession of ammunition (as that
term is defined in regulations issued pursuant
to this chapter) in an airport that is subject to
the regulatory authority of the Federal Aviation
Administration if such ammunition is either
in checked baggage or in a closed container;
or
(B) the possession of an explosive in an airport
if the packaging and transportation of
such explosive is exempt from, or subject to
and in accordance with, regulations of the
Pipeline and Hazardous Materials Safety Administration
for the handling of hazardous
materials pursuant to chapter 51 of title 49.
(h) Whoever—
(1) uses fire or an explosive to commit any
felony which may be prosecuted in a court of
the United States, or
(2) carries an explosive during the commission
of any felony which may be prosecuted in
a court of the United States,
including a felony which provides for an enhanced
punishment if committed by the use of a
deadly or dangerous weapon or device shall, in
addition to the punishment provided for such
felony, be sentenced to imprisonment for 10
years. In the case of a second or subsequent conviction
under this subsection, such person shall
be sentenced to imprisonment for 20 years. Notwithstanding
any other provision of law, the
court shall not place on probation or suspend
the sentence of any person convicted of a violation
of this subsection, nor shall the term of imprisonment
imposed under this subsection run
concurrently with any other term of imprisonment
including that imposed for the felony in
which the explosive was used or carried.
(i) Whoever maliciously damages or destroys,
or attempts to damage or destroy, by means of
fire or an explosive, any building, vehicle, or
other real or personal property used in interstate
or foreign commerce or in any activity affecting
interstate or foreign commerce shall be
imprisoned for not less than 5 years and not
more than 20 years, fined under this title, or
both; and if personal injury results to any person,
including any public safety officer perform
ing duties as a direct or proximate result of conduct
prohibited by this subsection, shall be imprisoned
for not less than 7 years and not more
than 40 years, fined under this title, or both; and
if death results to any person, including any
public safety officer performing duties as a direct
or proximate result of conduct prohibited
by this subsection, shall also be subject to imprisonment
for any term of years, or to the
death penalty or to life imprisonment.
(j) For the purposes of subsections (d), (e), (f),
(g), (h), and (i) of this section and section 842(p),
the term ‘‘explosive’’ means gunpowders, powders
used for blasting, all forms of high explosives,
blasting materials, fuzes (other than electric
circuit breakers), detonators, and other detonating
agents, smokeless powders, other explosive
or incendiary devices within the meaning of
paragraph (5) of section 232 of this title, and any
chemical compounds, mechanical mixture, or
device that contains any oxidizing and combustible
units, or other ingredients, in such proportions,
quantities, or packing that ignition by
fire, by friction, by concussion, by percussion, or
by detonation of the compound, mixture, or device
or any part thereof may cause an explosion.
(k) A person who steals any explosives materials
which are moving as, or are a part of, or
which have moved in, interstate or foreign commerce
shall be imprisoned for not more than 10
years, fined under this title, or both.
(l) A person who steals any explosive material
from a licensed importer, licensed manufacturer,
or licensed dealer, or from any permittee
shall be fined under this title, imprisoned not
more than 10 years, or both.
(m) A person who conspires to commit an offense
under subsection (h) shall be imprisoned
for any term of years not exceeding 20, fined
under this title, or both.
(n) Except as otherwise provided in this section,
a person who conspires to commit any offense
defined in this chapter shall be subject to
the same penalties (other than the penalty of
death) as the penalties prescribed for the offense
the commission of which was the object of the
conspiracy.
(o) Whoever knowingly transfers any explosive
materials, knowing or having reasonable cause
to believe that such explosive materials will be
used to commit a crime of violence (as defined
in section 924(c)(3)) or drug trafficking crime (as
defined in section 924(c)(2)) shall be subject to
the same penalties as may be imposed under
subsection (h) for a first conviction for the use
or carrying of an explosive material.
(p) THEFT REPORTING REQUIREMENT.—
(1) IN GENERAL.—A holder of a license or permit
who knows that explosive materials have
been stolen from that licensee or permittee,
shall report the theft to the Secretary 1 not
later than 24 hours after the discovery of the
theft.
(2) PENALTY.—A holder of a license or permit
who does not report a theft in accordance with
paragraph (1), shall be fined not more than
$10,000, imprisoned not more than 5 years, or
both.

Title 18 U.S.C. Section 1512 provides:

(a)(1) Whoever kills or attempts to kill another
person, with intent to—
(A) prevent the attendance or testimony of
any person in an official proceeding;
(B) prevent the production of a record, document,
or other object, in an official proceeding;
or
(C) prevent the communication by any person
to a law enforcement officer or judge of
the United States of information relating to
the commission or possible commission of a
Federal offense or a violation of conditions of
probation, parole, or release pending judicial
proceedings;
shall be punished as provided in paragraph (3).
(2) Whoever uses physical force or the threat
of physical force against any person, or attempts
to do so, with intent to—
(A) influence, delay, or prevent the testimony
of any person in an official proceeding;
(B) cause or induce any person to—
(i) withhold testimony, or withhold a
record, document, or other object, from an
official proceeding;
(ii) alter, destroy, mutilate, or conceal an
object with intent to impair the integrity or
availability of the object for use in an official
proceeding;
(iii) evade legal process summoning that
person to appear as a witness, or to produce
a record, document, or other object, in an official
proceeding; or
(iv) be absent from an official proceeding
to which that person has been summoned by
legal process; or
(C) hinder, delay, or prevent the communication
to a law enforcement officer or judge of
the United States of information relating to
the commission or possible commission of a
Federal offense or a violation of conditions of
probation, supervised release, parole, or release
pending judicial proceedings;
shall be punished as provided in paragraph (3).
(3) The punishment for an offense under this
subsection is—
(A) in the case of a killing, the punishment
provided in sections 1111 and 1112;
(B) in the case of—
(i) an attempt to murder; or
(ii) the use or attempted use of physical
force against any person;
imprisonment for not more than 30 years; and
(C) in the case of the threat of use of physical
force against any person, imprisonment
for not more than 20 years.
(b) Whoever knowingly uses intimidation,
threatens, or corruptly persuades another person,
or attempts to do so, or engages in misleading
conduct toward another person, with intent
to—
(1) influence, delay, or prevent the testimony
of any person in an official proceeding;
(2) cause or induce any person to—
(A) withhold testimony, or withhold a
record, document, or other object, from an
official proceeding;
(B) alter, destroy, mutilate, or conceal an
object with intent to impair the object’s integrity
or availability for use in an official
proceeding;
(C) evade legal process summoning that
person to appear as a witness, or to produce
a record, document, or other object, in an official
proceeding; or
(D) be absent from an official proceeding
to which such person has been summoned by
legal process; or
(3) hinder, delay, or prevent the communication
to a law enforcement officer or judge of
the United States of information relating to
the commission or possible commission of a
Federal offense or a violation of conditions of
probation 1 supervised release,,1 parole, or release
pending judicial proceedings;
shall be fined under this title or imprisoned not
more than 20 years, or both.
(c) Whoever corruptly—
(1) alters, destroys, mutilates, or conceals a
record, document, or other object, or attempts
to do so, with the intent to impair the object’s
integrity or availability for use in an official
proceeding; or
(2) otherwise obstructs, influences, or impedes
any official proceeding, or attempts to
do so,
shall be fined under this title or imprisoned not
more than 20 years, or both.
(d) Whoever intentionally harasses another
person and thereby hinders, delays, prevents, or
dissuades any person from—
(1) attending or testifying in an official proceeding;
(2) reporting to a law enforcement officer or
judge of the United States the commission or
possible commission of a Federal offense or a
violation of conditions of probation 1 supervised
release,,1 parole, or release pending judicial
proceedings;
(3) arresting or seeking the arrest of another
person in connection with a Federal offense; or
(4) causing a criminal prosecution, or a parole
or probation revocation proceeding, to be
sought or instituted, or assisting in such prosecution
or proceeding;
or attempts to do so, shall be fined under this
title or imprisoned not more than 3 years, or
both.
(e) In a prosecution for an offense under this
section, it is an affirmative defense, as to which
the defendant has the burden of proof by a preponderance
of the evidence, that the conduct
consisted solely of lawful conduct and that the
defendant’s sole intention was to encourage, induce,
or cause the other person to testify truthfully.
(f) For the purposes of this section—
(1) an official proceeding need not be pending
or about to be instituted at the time of the offense;
and
(2) the testimony, or the record, document,
or other object need not be admissible in evidence
or free of a claim of privilege.
(g) In a prosecution for an offense under this
section, no state of mind need be proved with respect
to the circumstance—
(1) that the official proceeding before a
judge, court, magistrate judge, grand jury, or
government agency is before a judge or court
of the United States, a United States magistrate
judge, a bankruptcy judge, a Federal
grand jury, or a Federal Government agency;
or
(2) that the judge is a judge of the United
States or that the law enforcement officer is
an officer or employee of the Federal Government
or a person authorized to act for or on
behalf of the Federal Government or serving
the Federal Government as an adviser or consultant.
(h) There is extraterritorial Federal jurisdiction
over an offense under this section.
(i) A prosecution under this section or section
1503 may be brought in the district in which the
official proceeding (whether or not pending or
about to be instituted) was intended to be affected
or in the district in which the conduct
constituting the alleged offense occurred.
(j) If the offense under this section occurs in
connection with a trial of a criminal case, the
maximum term of imprisonment which may be
imposed for the offense shall be the higher of
that otherwise provided by law or the maximum
term that could have been imposed for any offense
charged in such case.
(k) Whoever conspires to commit any offense
under this section shall be subject to the same
penalties as those prescribed for the offense the
commission of which was the object of the conspiracy.

Title 18 U.S.C. Section 1513 provides:

(a)(1) Whoever kills or attempts to kill another
person with intent to retaliate against
any person for—
(A) the attendance of a witness or party at
an official proceeding, or any testimony given
or any record, document, or other object produced
by a witness in an official proceeding; or
(B) providing to a law enforcement officer
any information relating to the commission or
possible commission of a Federal offense or a
violation of conditions of probation, supervised
release, parole, or release pending judicial
proceedings,
shall be punished as provided in paragraph (2).
(2) The punishment for an offense under this
subsection is—
(A) in the case of a killing, the punishment
provided in sections 1111 and 1112; and
for not more than 30 years.
(b) Whoever knowingly engages in any conduct
and thereby causes bodily injury to another person
or damages the tangible property of another
person, or threatens to do so, with intent to retaliate
against any person for—
(1) the attendance of a witness or party at an
official proceeding, or any testimony given or
any record, document, or other object produced
by a witness in an official proceeding; or
(2) any information relating to the commission
or possible commission of a Federal offense
or a violation of conditions of probation,
supervised release, parole, or release pending
judicial proceedings given by a person to a law
enforcement officer;
or attempts to do so, shall be fined under this
title or imprisoned not more than 20 years, or
both.
(c) If the retaliation occurred because of attendance
at or testimony in a criminal case, the
maximum term of imprisonment which may be
imposed for the offense under this section shall
be the higher of that otherwise provided by law
or the maximum term that could have been imposed
for any offense charged in such case.
(d) There is extraterritorial Federal jurisdiction
over an offense under this section.
(e) Whoever knowingly, with the intent to retaliate,
takes any action harmful to any person,
including interference with the lawful employment
or livelihood of any person, for providing
to a law enforcement officer any truthful information
relating to the commission or possible
commission of any Federal offense, shall be
fined under this title or imprisoned not more
than 10 years, or both.
(f) Whoever conspires to commit any offense
under this section shall be subject to the same
penalties as those prescribed for the offense the
commission of which was the object of the conspiracy.
(g) A prosecution under this section may be
brought in the district in which the official proceeding
(whether pending, about to be instituted,
or completed) was intended to be affected,
or in which the conduct constituting the alleged
offense occurred.

Title 18 U.S.C. Section 1959 provides:

of, or as consideration for a promise or agreement
to pay, anything of pecuniary value from
an enterprise engaged in racketeering activity,
or for the purpose of gaining entrance to or
maintaining or increasing position in an enterprise
engaged in racketeering activity, murders,
kidnaps, maims, assaults with a dangerous
weapon, commits assault resulting in serious
bodily injury upon, or threatens to commit a
crime of violence against any individual in violation
of the laws of any State or the United
States, or attempts or conspires so to do, shall
be punished—
(1) for murder, by death or life imprisonment,
or a fine under this title, or both; and
for kidnapping, by imprisonment for any term
of years or for life, or a fine under this title,
or both;
(2) for maiming, by imprisonment for not
more than thirty years or a fine under this
title, or both;
(3) for assault with a dangerous weapon or
assault resulting in serious bodily injury, by
imprisonment for not more than twenty years
or a fine under this title, or both;
(4) for threatening to commit a crime of violence,
by imprisonment for not more than five
years or a fine under this title, or both;
(5) for attempting or conspiring to commit
murder or kidnapping, by imprisonment for
not more than ten years or a fine under this
title, or both; and
(6) for attempting or conspiring to commit a
crime involving maiming, assault with a dangerous
weapon, or assault resulting in serious
bodily injury, by imprisonment for not more
than three years or a fine of 1 under this title,
or both.
(b) As used in this section—
(1) ‘‘racketeering activity’’ has the meaning
set forth in section 1961 of this title; and
(2) ‘‘enterprise’’ includes any partnership,
corporation, association, or other legal entity,
and any union or group of individuals associated
in fact although not a legal entity, which
is engaged in, or the activities of which affect,
interstate or foreign commerce.

Title 18 U.S.C. Section 1962 provides:

(a) It shall be unlawful for any person who has
received any income derived, directly or indirectly,
from a pattern of racketeering activity
or through collection of an unlawful debt in
which such person has participated as a principal
within the meaning of section 2, title 18,
United States Code, to use or invest, directly or
indirectly, any part of such income, or the proceeds
of such income, in acquisition of any interest
in, or the establishment or operation of,
any enterprise which is engaged in, or the activities
of which affect, interstate or foreign
commerce. A purchase of securities on the open
market for purposes of investment, and without
the intention of controlling or participating in
the control of the issuer, or of assisting another
to do so, shall not be unlawful under this subsection
if the securities of the issuer held by the
purchaser, the members of his immediate family,
and his or their accomplices in any pattern
or racketeering activity or the collection of an
unlawful debt after such purchase do not
amount in the aggregate to one percent of the
outstanding securities of any one class, and do
not confer, either in law or in fact, the power to
elect one or more directors of the issuer.
(b) It shall be unlawful for any person through
a pattern of racketeering activity or through
collection of an unlawful debt to acquire or
maintain, directly or indirectly, any interest in
or control of any enterprise which is engaged in,
or the activities of which affect, interstate or
foreign commerce.
(c) It shall be unlawful for any person employed
by or associated with any enterprise engaged
in, or the activities of which affect, interstate
or foreign commerce, to conduct or participate,
directly or indirectly, in the conduct of
such enterprise’s affairs through a pattern of
racketeering activity or collection of unlawful
debt.
(d) It shall be unlawful for any person to conspire
to violate any of the provisions of subsection
(a), (b), or (c) of this section.

Outcome: Defendant was found guilty on 13 counts of first-degree murder with a recommendation that he be sentenced to death.

Plaintiff's Experts:

Defendant's Experts:

Comments: