Judge Allyne Ross
A 15 count indictment charged defendants with membership in a racketeering conspiracy (Count One) and racketeering (Count Two). On collateral estoppel grounds, defendant Antoine Mayes sought dismissal of seven of the predicate racketeering acts alleged in Counts One and Two—Racketeering Acts Twelve through Eighteen—charging seven cocaine base sales to which he pleaded guilty in a 2012 trial charging him and brother Anthony with conspiring to distribute cocaine base. That trial’s jury acquitted both Mayes brothers. Antoine argued that as a result, the government may not use the seven cocaine base sales to prove the conspiracy and substantive RICO charges against him and brother Anthony in the present case. The court determined that collateral estoppel did not require that the seven racketeering acts be dismissed entirely from the instant indictment’s substantive and conspiracy RICO counts. The prior jury’s factual finding that the Mayes brothers did not enter into an unlawful agreement regarding Antoine’s seven cocaine base sales precluded only one limited finding relating to the RICO conspiracy alleged in Count One, and did not preclude any finding relating to the substantive RICO violation alleged in Count Two.
