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Posted by Robert Rap News Network
7/16/2004 11:16:18 AM
Five Gary men, including members of a notorious gangsta rap group, have lost their appeals in the 7th U.S. Circuit Court of Appeals.
Bobby Suggs, his brother Seantai Suggs and Aaron Davis, lead rapper with the group CCA, were found guilty last year in federal court on charges of a conspiracy to deal crack cocaine.
The Suggs brothers were sentenced to life in prison. Davis received a sentence of 33 years and nine months.
Bobby Davis and Benjamin Johnson were charged along with Davis and the Suggs brothers, but they entered into a plea agreement before the others went to trial.
The Suggs brothers and Davis were seeking a reversal to their conviction on grounds that prejudicial evidence was used against them at trial.
Davis and Johnson also filed appeals attempting to withdraw their guilty pleas.
Pictures of tattoos on the backs of the two Suggs brothers and a picture of Davis’ gold front tooth were entered as evidence in their trial to establish an affiliation with Concord Affiliated, or CCA, believed by prosecutors to be a branch of the Vice Lords gang from Chicago.
Chicago Police Sgt. Robert Grapenthien offered expert testimony at the trial establishing a tattoo of the word “insane,” worn by Bobby Suggs, refers to a faction of the Vice Lords called the Insane Vice Lords.
He went on to testify that Seantai Suggs wears a tattoo of a crescent moon and a five-point star — both symbols used by the Vice Lords.
Pictures of Davis’ gold tooth, which has a five-point star carved into it, was also entered as evidence.
The defendants claimed the evidence was prejudicial and should not have been allowed.
The appellate court maintained that establishing a gang affiliation would also establish a conspiracy by the defendants.
Attorneys for the defendants could not be reached for comment. The men denied involvement with the Vice Lords, saying that CCA referred only to the name of a rap group.
CCA was, in fact, a rap group which appeared on the Billboard list of top-selling albums.
Davis was the most prominent member of the group as the lead singer. Seantai Suggs sometimes performed as a guest with the group. Bobby Suggs promoted the group both locally and nationally.
Also used as evidence in the trial were lyrics to a CCA song in which Davis raps about being involved with the drug trade.
In the video, “Live or Die in GI,” he states that the subjects about which he raps are real.
Expert witnesses testified that gangs sometimes use drug proceeds to start legitimate businesses, including rap groups.
In a court document, the appellate court justices say Seantai Suggs and Aaron Davis do not deny being crack dealers. They only deny charges of a conspiracy.
The court denied the appeal saying the evidence in question was necessary to prove the conspiracy existed as opposed to a simple buyer-seller relationship.
The court also denied the appeal filed by Davis and Johnson.
Johnson claimed the trial court should have held an evidentiary hearing when his guilty plea was entered to determine whether his guilty plea was knowing and voluntary.
But the court claimed an evidentiary hearing is only necessary if substantial evidence shows the defendant did not voluntarily enter the plea.
The court opined that Johnson was not forced to plead guilty and stated in court he understood relevant conduct, including counts against him that were dismissed in the plea agreement, could be used to enhance the length of his sentence.
Davis also appealed on the claim he did not enter his guilty plea voluntarily.
The appellate court concluded Davis understood the implications of his guilty plea when he entered it after first pleading not guilty.
The court upheld the 20-year sentences each of them received.
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