United States v. Hunt

99 F.4th 161

UNITED STATES of America, Plaintiff - Appellee, v. Martin L. HUNT, a/k/a O.G. Martin, Defendant - Appellant.

United States of America, Plaintiff - Appellee, v. Deshaun Richardson, a/k/a Day Day, Defendant - Appellant.

United States of America, Plaintiff - Appellee, v. Eric Nixon, a/k/a Young Nix, a/k/a Lil Nix, Defendant - Appellant.

United States of America, Plaintiff - Appellee, v. Xavier Greene, a/k/a BJ, Defendant - Appellant.

United States of America, Plaintiff - Appellee, v. Raymond Palmer, a/k/a Ray Dog, Defendant - Appellant.

United States of America, Plaintiff - Appellee, v. Ryan Taybron, a/k/a 22, a/k/a Ryan Savage, Defendant - Appellant.

United States of America, Plaintiff - Appellee, v. Geovanni Douglas, a/k/a Geo, a/k/a Twin, Defendant - Appellant.

No. 21-4231

No. 21-4300

No. 21-4334

No. 21-4349

No. 21-4355

No. 21-4358

No. 21-4509

United States Court of Appeals, Fourth Circuit

Argued: January 23, 2024

Decided: April 16, 2024

Appeal from the United States District Court for the Eastern District of Virginia, at Newport News. Mark S. Davis, Chief District Judge. (4:17-cr-00052-MSD-RJK-1; 4:17-cr-00052-MSD-RJK-6; 4:17-cr-00052-MSD-RJK-8; 4:17-cr-00052-MSD-RJK-5; 4:17-cr-00052-MSD-RJK-10; 4:17-cr-00052-MSD-RJK-7; 4:17-cr-00052-MSD-RJK-9)

ARGUED: Rhonda Elizabeth Quagliana, MICHIEHAMLETT, PLLC, Charlottesville, Virginia; Kimberly Harvey Albro, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Columbia, South Carolina; Jenny R. Thoma, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Clarksburg, West Virginia, for Appellants. Brian James Samuels, OFFICE OF THE UNITED STATES ATTORNEY, Newport News, Virginia, for Appellee. ON BRIEF: Lawrence H. Woodward, Jr., RULOFF, SWAIN, HADDAD, MORECOCK, TALBERT & WOODWARD, P.C., Virginia Beach, Virginia, for Appellant Martin L. Hunt. Gerald T. Zerkin, Richmond, Virginia, for Appellant Xavier Greene. Brendan S. Leary, OFFICE OF THE FEDERAL PUBLIC DEFENDER, Wheeling, West Virginia, for Appellant Ryan Taybron. Jamison P. Rasberry, RASBERRY LAW, P.C., Virginia Beach, Virginia, for Appellant Raymond Palmer. Nicholas R. Hobbs, SCHEMPF & WARE, PLLC, Yorktown, Virginia, for Appellant Eric Nixon. Daymen W. X. Robinson, LAW OFFICE OF DAYMEN W. X. ROBINSON, PC, Norfolk, Virginia, for Appellant Geovanni Douglas. Jessica D. Aber, United States Attorney, Richmond, Virginia, Daniel J. Honold, Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Alexandria, Virginia, for Appellee.

Before HEYTENS and BENJAMIN, Circuit Judges, and MOTZ, Senior Circuit Judge.

Affirmed by published opinion. Senior Judge Motz wrote the opinion, in which Judge Heytens and Judge Benjamin joined.

DIANA GRIBBON MOTZ, Senior Circuit Judge:

This appeal arises from the prosecution of the "36th Street Bang Squad" (the "Bang Squad"), a gang that committed a string of murders, attempted murders, and assaults in 2015 and 2017. The United States charged seven of the gang's members — Martin Hunt, Deshaun Richardson, Eric Nixon, Xavier Greene, Raymond Palmer, Ryan Taybron, and Geovanni Douglas (collectively, "Defendants") — with racketeering conspiracy, murder, attempted murder, and related crimes. Following a five-week trial, the jury returned guilty verdicts on nearly every count. Defendants now appeal, raising a host of issues, including but not limited to challenges to (1) the classification of their racketeering offenses as crimes of violence; (2) the denial of their motions to exclude testimony of three forensic experts; and (3) the denial of their motions for judgment of acquittal and for a mistrial. After careful review of a voluminous record, we find no reversible error, and so affirm.

I.

In 2019, a grand jury returned the operative 35-count second superseding indictment against Hunt, Richardson, Nixon, Greene, Palmer, Taybron, and Douglas. This indictment alleged a single count of conspiracy to commit racketeering, in violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO"); multiple murders and attempted murders in violation of the Violent Crimes in Aid of Racketeering Act ("VICAR"); seventeen corresponding firearm offenses, 18 U.S.C. § 924; and other crimes including witness intimidation, narcotics distribution, and false statements.

During the five-week jury trial that followed, the Government marshaled a mountain of evidence to support these charges, including physical evidence, social media records, and surveillance footage. The Government also produced the testimony of three forensic experts connecting the defendants' firearms to the scenes of multiple assaults, murders, and attempted murders. And the Government offered the testimony of more than 50 fact witnesses, including six cooperating Bang Squad members: Jarrell Atkins, Jamaree Green, Corey Sweetenburg, Eric Edmunds, Akeem Robinson, and Shaquone Ford. This evidence painted a vivid portrait of multiple gang-related murders, shootings, and other violent crimes committed by the Bang Squad in 2015 and 2017.

A.

Count 1 charged all seven defendants with conspiracy to commit racketeering, in violation of 18 U.S.C. § 1962(d). This count alleged that the defendants participated in the 36th Street Bang Squad, a criminal enterprise, and agreed to support this enterprise through a pattern of racketeering offenses — including murder, robbery, witness intimidation, and drug distribution. The jury convicted all seven defendants on this count.

The 36th Street Bang Squad operated in Newport News and Hampton, Virginia. The Bang Squad saw itself as a "brotherhood," with violence as its currency and its creed. Its members committed robberies, murders, and shootings to establish themselves in the gang. They traded in guns and cars, and shared the fruits of their crimes. They were expected to "put in work," and earned reputation in the gang by committing violent acts. And they used violence to protect their territory, exert their influence, and retaliate against their foes. In a practice known as "op shopping" (opposition shopping), members of the Bang Squad would hunt members of rival gangs, and shoot them on sight.

Taybron led the gang and planned its operations. The Bang Squad worked out of the Marshall Courts and Seven Oaks apartments in Newport News, and Taybron's home in Hampton. The Bang Squad warred with five rival street gangs — the Walker Village Murder Gang, the Newsome Park Gang, the 44th Street Gang, the 9th Street Gang, and the Chestnut Gang. And the Bang Squad used social media to enflame conflicts with its rivals. Its members used Facebook to coordinate activities, stake territorial claims, and taunt their adversaries, often by disseminating posts and music videos boasting about violent, retaliatory acts. These actions escalated tensions among the gangs, and often sparked violent conflict.

B.

The Government offered evidence that the Bang Squad committed multiple crimes in the spring of 2015. On March 8, 2015, Bang Squad members Xavier Greene and Steven Harris went hunting for "ops." At the corner of Ivy Street and 9th Street, in Newport News, they shot and killed 18-year-old Dwayne Parker, a member of the rival Newsome Park Gang. Greene and Harris fled the scene, and engaged in a "shootout" with members of the 9th Street Gang, who were leaving a house party. Greene and Harris took shelter in the home of Jarrell Atkins, another Bang Squad member, and posted a video of Parker's dead body on social media. The jury convicted Greene of VICAR murder (Count 2), and a related firearm charge (Count 3), for his role in this offense.

Only one week later, on March 15, 2015, Martin Hunt and Lionel Harris went "op shopping," and shot at a member of the Walker Village Murder Gang on Wickham Avenue. Philip Drew and Arthur Jones, both minors, were struck in the crossfire. Jones sustained gunshot wounds to the head and the back; Drew was shot in the ankle, the forearm, the buttock, and the mouth. Both survived, and were treated at the Riverside Regional Medical Center. The jury convicted Hunt of two counts of VICAR attempted murder (Counts 30, 32), and two corresponding firearm charges (Counts 31, 33), for his role in these crimes.

The Walker Village Murder Gang swiftly retaliated. On April 6, 2015, Walker Village member Domingo Davis shot at Hunt and Harris. That same day, four Bang Squad members left the Marshall Courts apartment complex to search for Davis. The Bang Squad members spotted Davis leaving a party on 25th Street and opened fire, killing both Davis and 13-year-old Jada Richardson. The Government charged Richardson, Greene, and Hunt with two counts of VICAR murder (Counts 6, 8), and two associated firearm crimes (Counts 7, 9) for this double murder. The jury convicted Greene and Hunt of all four counts, but acquitted Richardson of these offenses.

That same night, Dwayne Dozier, of the Newsome Park Gang, shot up the residence of Jamaree Green, a Bang Squad member, while his family was inside. Green asked Hunt to help him retaliate, but Hunt urged him to wait, as police activity was "too hot" following the Jada/Richardson double murder. About a week later, when Bang Squad members stated on social media that they had spotted Dozier, Taybron told them to "pop" him; two hours later, Richardson asked why they had not. Then, on April 27, Green, Palmer, Atkins, and Sweetenburg drove to Dozier's home late at night, and fired multiple rounds into the house while Dozier's mother was inside. For his role in this shooting, the jury convicted Palmer of one count of VICAR attempted assault with a deadly weapon (Count 10), and a related firearm charge (Count 11).

C.

The summer of 2015 saw more violent, gang-related criminal activity. On June 3, 2015, Newsome Park gangster Jeremiah Smith murdered Bang Squad member Kevonne Turner in his front yard, sparking another chain of retaliatory shootings. A member of the Bang Squad saw the shooting, pursued Smith, and shot at him near an H&H convenience store. The Government charged Geovanni Douglas with one count of VICAR...