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RICO, VICAR Convictions Affirmed

By Jonathan Byrne

US v. Ayala: Ayala and his codefendant, Velasquez, were charged with racketeering and violent crimes in aid of racketeering (VICAR) - assault with a dangerous weapon for both defendants, conspiracy to commit murder only for Ayala. Both were also charged with using a firearm in connection with a crime of violence, although based on different incidents. A jury convicted them on all counts. Ayala was sentenced to 420 months in prison, Velasquez to 444 months in prison.Both Ayala and Velasquez raised numerous issues in the Fourth Circuit, which affirmed their convictions and sentences. First, Ayala argued that his VICAR conviction for conspiracy to commit murder violated Double Jeopardy because it was part of the same course of conduct as the larger RICO conspiracy...continue to full post

Full post as published by Fourth Circuit Blog on April 12, 2010 (boomark / email).