United States of America v. Randy Torres

New York City, New York criminal defense lawyer represented the Defendant charged with street gang involvement.



Randy Torres, Walston Owen, and Charles Ventura appeal from judgments of the United States District Court for the Southern District of New York (Victor Marrero, J.) convicting them of offenses related to their involvement in a street

gang known as the Rollin' 30s Crips. Following a jury trial, all three were found guilty of racketeering conspiracy, in violation of the Racketeer Influenced and Corrupt Organizations Act ("RICO”), 18 U.S.C. § 1962(d) (Count One). In

addition, Owen was convicted of assault and attempted murder in aid of racketeering, 18 U.S.C. §§ 1959(a)(3), 1959(a)(5), and 2 (Count Two); unlawful use of a firearm "during and in relation to a crime of violence,” in violation of 18 U.S.C.

§ 924(c)(1)(A) (Count Three); and assault in aid of racketeering, in violation of 18 U.S.C. §§ 1959(a)(3) and 2 (Count Four). Ventura too was convicted of assault and attempted murder in aid of racketeering (Count Five) and unlawful use of a

firearm "during and in relation to a crime of violence” (Count Six), as well as possession of a firearm following a felony conviction, in violation of 18 U.S.C. § 922(g)(1) (Count Seven). Torres and Owens were sentenced to aggregate terms of

475 months' imprisonment, while Ventura received an aggregate term of 288 months' imprisonment. On appeal, the Defendants variously argue that (1) there was insufficient evidence to support their convictions, and that the district court

erred in (2) failing to strike the special sentencing factors, (3) admitting certain co-conspirator statements, (4) instructing the jury, (5) investigating jury impartiality, and (6) imposing its sentence on Ventura. We disagree. We DISMISS for lack of jurisdiction Ventura's claim that the district court erred by refusing to

downwardly depart when imposing his sentence and otherwise AFFIRM the judgments of the district court.



Randy Torres, Walston Owen, and Charles Ventura (together, the "Defendants”) appeal from judgments of the United States District Court for the Southern District of New York (Victor Marrero, J.) convicting them of numerous

offenses arising out of their involvement in a violent street gang known as the Rollin' 30s Crips ("Rollin' 30s”). Following a thirteen-day jury trial, all three Defendants were convicted of racketeering conspiracy, in violation of the

Racketeer Influenced and Corrupt Organizations Act ("RICO”), 18 U.S.C. § 1962(d). Additionally, Owen and Ventura were each convicted of related firearms and assault offenses. Torres and Owens were sentenced to aggregate terms of 475

months' imprisonment, while Ventura received an aggregate term of 288 months' imprisonment.

Dismissed for lack of jurisdiction.