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UNITED STATES v. ORTIZ-ORELLANA

No. 16-4844, No. 16-4845.

90 F.4th 689 (2024)

UNITED STATES of America, Plaintiff-Appellee, v. Juan Alberto ORTIZ-ORELLANA, a/k/a Chele, a/k/a Furia, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Minor Perez-Chach, a/k/a Minor Chach-Perez, a/k/a Little Bad, a/k/a Bryant Sacarias, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: January 10, 2024.

Attorney(s) appearing for the Case

ARGUED: Manuel J. Retureta , RETURETA & WASSEM, PLLC, Washington, D.C.; Carmen D. Hernandez , LAW OFFICES OF CARMEN D. HERNANDEZ, Highland, Maryland, for Appellants. Sangita K. Rao , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., for Appellee. ON BRIEF: Kenneth A. Polite, Jr. , Assistant Attorney General, Lisa H. Miller , Deputy Assistant Attorney General, Thomas E. Booth , Appellate Section, Criminal Division, UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C.; Erek L. Barron , United States Attorney, Baltimore, Maryland, William D. Moomau , Assistant United States Attorney, OFFICE OF THE UNITED STATES ATTORNEY, Greenbelt, Maryland, for Appellee.

Affirmed in part, vacated in part, and remanded by published opinion. Senior Judge Floyd wrote the opinion in which Judge King and Senior Judge Motz joined.

Defendants Ortiz-Orellana ("Ortiz"), Minor Perez-Chach ("Perez") (collectively, "Appellants"), and others, were convicted in 2016 by a jury of conspiracy under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1962(d) (Count 1), and murder in aid of racketeering in violation of the Violent...

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