Convictions of ‘Devils Diciples’ Untainted by Jury Instruction

The Racketeer Influenced and Corrupt Organizations Act conspiracy convictions of members of the “Devils Diciples Motorcycle Club” for selling methamphetamine were upheld by the Sixth Circuit, despite their challenge to a jury instruction.

The defendants argued that their convictions should be vacated because the trial court read the jurors a future-tense instruction that allowed them to convict if they decided the enterprise “would” exist and the defendants “would” participate in it.

To prove a RICO conspiracy, the government needn’t show that the defendants personally committed the predicate act or that the alleged enterprise actually existed, the opinion by Judge Richard ...