United States v. Knight, No. 10-3087 (10th Cir. 2011)
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Defendant Clinton Knight was convicted on charges of racketeering and drug possession arising from his membership in a Wichita, Kansas street gang. He argued on appeal to the Tenth Circuit that the district court plainly erred by: (1) improperly instructing the jury on the pattern of racketeering element under the Racketeer Influenced and Corrupt Organizations Act (RICO); and (2) failing to provide a jury instruction for constructive possession on the drug possession charges. Upon review, the Court concluded the district court did not plainly err in its instructions to the jury. Accordingly, the Court affirmed Defendant's conviction.
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