United States v. Scott, 051217 FED5, 16-30300

Court:United States Courts of Appeals, Court of Appeals for the Fifth Circuit
Judge Panel:Before JONES, CLEMENT, and HIGGINSON, Circuit Judges.
Opinion Judge:PER CURIAM:
Party Name:UNITED STATES OF AMERICA, Plaintiff - Appellee v. AKEIN SCOTT, also known as Keemy, Defendant-Appellant
Case Date:May 12, 2017
Docket Nº:16-30300
 
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UNITED STATES OF AMERICA, Plaintiff - Appellee

v.

AKEIN SCOTT, also known as Keemy, Defendant-Appellant

No. 16-30300

United States Court of Appeals, Fifth Circuit

May 12, 2017

         Appeals from the United States District Court for the Eastern District of Louisiana

          Before JONES, CLEMENT, and HIGGINSON, Circuit Judges.

          PER CURIAM:

         Akein Scott and his brothers were members of the Frenchmen/Derbigny gang. On Mother's Day 2013, Akein and one of his brothers opened fire at a second-line parade in New Orleans, intending to kill a rival gang member. They shot the intended victim and 19 innocent bystanders. Akein was named in a 24-count Third Superseding Indictment charging racketeering, drug trafficking, and firearms conspiracies, as well as a host of violent offenses in aid of those conspiracies. Akein was also indicted for four separate shootings that occurred prior to the Mother's Day shootings.

         Before Akein pled guilty, the Government informed Akein about the uncharged murder of James Gould, unrelated to the Mother's Day shootings, which the Government believed to be linked to Akein's family. Akein denied having seen Gould. Akein's attorney told the Government that her client would plead guilty, though if the Government intended to introduce evidence of this murder as relevant conduct at sentencing, she would not advise him to plead guilty. The Government replied that it did not intend to introduce this evidence of the homicide, but emphasized that the investigation was ongoing and it could not guarantee that the investigation would not garner more evidence.

         Akein nevertheless pled guilty, pursuant to a written plea agreement, to RICO conspiracy (Count 1); conspiracy to distribute and possess with intent to distribute controlled substances (Count 2); conspiracy to use and possess firearms during, in relation to, and in furtherance of a crime (Count 3); four counts of assault with a dangerous weapon in furtherance of racketeering (Counts 7, 9, 11, and 13); and discharging a firearm during and in relation to a crime of violence and a drug trafficking crime (Count 19). In exchange for Scott's guilty plea, the Government agreed that it would move to dismiss six remaining counts in the indictment. The Government also agreed that it would not bring further charges for any other drug offenses committed prior to May 15, 2013, and gave Akein a three-level reduction in his guidelines offense level for acceptance of responsibility.

         Akein's plea agreement provided that, in determining an appropriate sentence, the district court had the authority and discretion to consider "any and all 'relevant conduct' that the defendant was involved in during the course of the conspiracy." The agreement further provided that the statements set forth therein represented the "defendant's entire agreement with the Government" and stated that there were no "other agreements, letters, or notations that will affect this agreement." Akein also waived his right to collaterally attack his sentence and waived his right to appeal the guilty plea, conviction, sentence, fine, supervised release, and any restitution imposed. He reserved, however, the right to appeal a sentence in excess of the statutory maximum and to ...

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