United States v. Mathis, 16-4633

• Citation: 932 F.3d 242
• Decision Date: 31 July 2019
• Docket Number: No. 16-4837, No. 16-4637, No. 16-4838, No. 16-4641, No. 16-4635,No. 16-4633,16-4633
• Parties: UNITED STATES of America, Plaintiff-Appellee, v. Daniel Lamont MATHIS, a/k/a Gunna, a/k/a Mooch, a/k/a D-Man, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Mersadies Lachelle Shelton, a/k/a Lady Gunns, a/k/a Maisha Love Uhuru, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Shantai Monique Shelton, a/k/a Tai, a/k/a Lady Blaze, a/k/a Boss Lady, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Kweli Uhuru, a/k/a Travis Leon Bell, a/k/a K. Gunns, a/k/a Black Wolf, a/k/a Babi, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Anthony Darnell Stokes, a/k/a Face, a/k/a Black Face, a/k/a Kenyata Baraka, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Halisi Uhuru, a/k/a Arthur Lee Gert Wright, a/k/a Gritty, a/k/a Bones, a/k/a Big Homey, Defendant-Appellant.
• Court: United States Courts of Appeals. United States Court of Appeals (4th Circuit)

932 F.3d 242

UNITED STATES of America, Plaintiff-Appellee,
v.
Daniel Lamont MATHIS, a/k/a Gunna, a/k/a Mooch, a/k/a D-Man, Defendant-Appellant.

United States of America, Plaintiff-Appellee,
v.
Mersadies Lachelle Shelton, a/k/a Lady Gunns, a/k/a Maisha Love Uhuru, Defendant-Appellant.

United States of America, Plaintiff-Appellee,
v.
Shantai Monique Shelton, a/k/a Tai, a/k/a Lady Blaze, a/k/a Boss Lady, Defendant-Appellant.

United States of America, Plaintiff-Appellee,
v.
Kweli Uhuru, a/k/a Travis Leon Bell, a/k/a K. Gunns, a/k/a Black Wolf, a/k/a Babi, Defendant-Appellant.

United States of America, Plaintiff-Appellee,
v.
Anthony Darnell Stokes, a/k/a Face, a/k/a Black Face, a/k/a Kenyata Baraka, Defendant-Appellant.

United States of America, Plaintiff-Appellee,
v.
Halisi Uhuru, a/k/a Arthur Lee Gert Wright, a/k/a Gritty, a/k/a Bones, a/k/a Big Homey, Defendant-Appellant.

No. 16-4633
No. 16-4635
No. 16-4637
No. 16-4641
No. 16-4837
No. 16-4838

United States Court of Appeals, Fourth Circuit.

Argued: January 24, 2018
Decided: July 31, 2019

ARGUED: Frederick T. Heblich, Jr., OFFICE OF THE FEDERAL PUBLIC DEFENDER, Charlottesville, Virginia, for Appellant Daniel Lamont Mathis. Paul Graham Beers, GLENN, FELDMANN, DARBY & GOODLATTE, Roanoke, Virginia, for Appellant Anthony Darnell Stokes. Christopher R. Kavanaugh, OFFICE OF THE UNITED STATES ATTORNEY, Charlottesville, Virginia, for Appellee. ON BRIEF: Larry W. Shelton, Federal Public Defender, Roanoke, Virginia, Geremy C. Kamens, Federal Public Defender, Alexandria, Virginia, Paul G. Gill, Assistant Federal Public Defender, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Richmond, Virginia; Aaron Lee Cook, Harrisonburg, Virginia; David Anthony Eustis, Charlottesville, Virginia; Rhonda E. Quagliana, Charlottesville, Virginia; Michael T. Hemenway, Charlottesville, Virginia; Sherwin John Jacobs, Harrisonburg, Virginia, for Appellants. Rick A. Mountcastle, Acting United States Attorney, Roanoke, Virginia, Ronald M. Huber, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Charlottesville, Virginia, for Appellee.

Before KEENAN and DIAZ, Circuit Judges, and DUNCAN, Senior Circuit Judge.

Affirmed in part, vacated in part, and remanded by published opinion. Judge Keenan wrote the opinion, in which Judge Diaz and Senior Judge Duncan joined.

BARBARA MILANO KEENAN, Circuit Judge:

This case involves the prosecution of several members of a violent street gang known as the Double Nine Goon Syndikate (DNGS). After a multi-week trial, a jury convicted Halisi Uhuru (Halisi), Anthony Stokes (Stokes), Kweli Uhuru (Kweli), Mersadies Shelton (Mersadies), Shantai Shelton (Shantai), and Daniel Mathis (Mathis) (collectively, the defendants) of conspiracy to violate the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962(d), based on their activities related to the gang.

Mathis, Shantai, Mersadies, and Kweli (collectively, the capital defendants) also were convicted, in relation to the murder of an off-duty police officer, of violent crimes in aid of racketeering activity in violation of 18 U.S.C. § 1959 (VICAR) by committing kidnapping and murder under Virginia law, as well as witness tampering by means of murder in violation of 18 U.S.C. § 1512(a). The capital defendants were sentenced to serve terms of life imprisonment. Halisi and Stokes additionally were convicted of obstruction of justice in violation of 18 U.S.C. § 1512(c)(1).¹

On appeal, the defendants raise several challenges concerning their trial and sentences. Upon our review of these arguments, we vacate in part with respect to

932 F.3d 250

the capital defendants' convictions that are predicated on commission of kidnapping under Virginia law. Accordingly, we also remand the capital defendants' convictions for resentencing. We affirm the balance of the district court's judgments.

I.

The Bloods is a nationwide street gang.² Groups of Bloods are organized into "sets" or smaller, individual groups of Bloods. One of these sets, DNGS, was founded by Halisi, Stokes, and Kweli in 2013 during their incarceration for crimes unrelated to the present case.

DNGS operates through a hierarchical structure. Halisi served as "high OG" or "Double OG," DNGS's leader. Stokes was second in command as "low [OG]." Kweli also held a leadership role with the rank of "OG," "Big Homey," or a "Low 020." Another DNGS leader was responsible for operations conducted by incarcerated DNGS members. These four individuals composed DNGS's "Roundtable," or leadership council. Reporting to the council were members organized by rank, including sergeant, lieutenant, and major. New DNGS members held the title of "soldier."

Upon gaining membership into the gang, members were given notebooks to study that included the rules and the history of the Bloods gang and the DNGS set. Gang members communicated using certain codes and phrases in an effort to ensure that their communications remained incomprehensible to law enforcement authorities and others. Members outwardly reflected their association with the Bloods and DNGS by wearing red clothing items, including red bandanas, and by obtaining tattoos reflecting gang insignia.

DNGS financed itself through the proceeds of various illegal activities undertaken by members, including armed robberies, home invasions, and burglaries. Members were expected to "put in work" to advance their rank in the gang, that is, to commit crimes in order to show their commitment and loyalty. If a member refused to "put in work," that member likely would have been "violated," or beaten.

Both while imprisoned and after their release, Stokes, Kweli, and Halisi began recruiting new members to the newly formed DNGS set, including Shantai, Mersadies, and Mathis. As the gang's membership grew, DNGS members "put in work" committing a series of crimes from late 2013 into early 2014. This spree of illegal activities included a number of armed robberies of convenience stores, home invasions, burglaries, and other crimes committed in central Virginia.

On the night of January 31, 2014, the capital defendants attacked Kevin Quick (Quick), an off-duty reserve captain with the Waynesboro, Virginia, Police Department, as he was departing his vehicle. The four defendants compelled Quick back into his vehicle at gunpoint, drove him to a nearby ATM, and forced him to withdraw money from his account. After learning that Quick was a police officer, and realizing that Quick had "already seen their face[s]," the capital defendants decided that "it was too late ... to let [Quick] go." They drove Quick to a remote area off the main roadway, removed Quick from the car, and fired a single shot into Quick's head, killing him and leaving his body behind.³

932 F.3d 251

The next day, the capital defendants met with Halisi and Stokes in Manassas, Virginia. The defendants rented two hotel rooms to host a "B-House," or a meeting of DNGS members. Throughout that day, the defendants and other DNGS members discussed potential drug trafficking plans and engaged with other drug dealers in transactions involving the distribution of quantities of drugs, including crack cocaine.

The capital defendants left the hotel the next morning and drove in Quick's vehicle to Front Royal, Virginia. Concerned that the vehicle could link them to the murder, the capital defendants bought bleach, rubber gloves, and a jug to hold gasoline for setting the vehicle on fire. Leaving Kweli behind, Mathis, Shantai, and Mersadies drove the vehicle to a friend's house where they cleaned the vehicle with bleach.

Later that day, Mathis and Mersadies committed a robbery. During the robbery, Mathis fired one shot from his pistol. Investigators later recovered a bullet and a cartridge from the scene of this robbery and matched these items through forensic testing to the weapon used in Quick's murder and a previous robbery.

Mathis and Mersadies quickly left the scene of the robbery in Quick's vehicle, which malfunctioned shortly thereafter. They pushed the disabled vehicle to a nearby driveway and doused the vehicle with additional bleach. After receiving a call from Mersadies asking for help, Halisi and Stokes decided that Stokes would drive to meet Mersadies and Mathis, as well as Shantai, who had reunited with Mersadies and Mathis. Once Stokes reached the group, Mathis and Shantai told him that Quick's vehicle needed to be destroyed, but Stokes stated that they would "find a way to get rid of it the next day."

Stokes and Halisi later obtained a hotel room in which Mersadies, Mathis, and Shantai could "hide out."⁴ As Quick's disappearance became publicized, Mersadies, Mathis, and Shantai discussed absconding to Montana to avoid being arrested. Mersadies informed Kweli of these discussions through frequent text messages.

While Kweli was attempting to have Quick's vehicle destroyed, law enforcement officers located the abandoned vehicle. Evidence technicians recovered the following evidence from the vehicle: Kweli's fingerprint on Quick's driver's license, which was found in Quick's wallet inside the vehicle; fingerprints belonging to Mathis, Shantai, and Mersadies on the vehicle or on items within the vehicle; Mersadies' DNA on a piece of chewing gum left in the vehicle's ashtray; and Mathis' DNA on rubber gloves left in the vehicle.

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