United States v. Kamahele

Defendants-appellants Eric Kamahele, Daniel Maumau, Kepa Maumau, Sitamipa Toki, and Mataika Tuai appealed their convictions arising from armed robberies and shootings in connection with the Tongan Crips Gang (TCG) in Glendale, Utah. After a jury trial, Kamahele, Kepa Maumau, and Tuai were found guilty of conspiring to commit a racketeering offense under the Racketeer Influenced and Corrupt Organizations Act (RICO). Kamahele, both Maumaus, and Toki were found guilty of committing violent crimes in aid of racketeering activity (VICAR). Kamahele, Kepa Maumau, and Tuai were also found guilty of violating the Hobbs Act. And all were found guilty of violating 18 U.S.C. 924(c) (2006), for using guns during their respective crimes. All defendants argued the district court erred by: (1) admitting expert testimony about the TCG's history, structure, and activities; and (2) denying their motions for a judgment of acquittal under Federal Rule of Criminal Procedure 29 based on the Government's failure to prove various elements of RICO and VICAR. Four defendants raised individual claims pertaining to alleged trial court errors in instructing the jury, selecting the jury, admitting certain evidence, prosecutorial misconduct, and deciding the appropriate sentences. Rejecting all of the defendants' arguments, the Tenth Circuit affirmed. View "United States v. Kamahele" on Justia Law