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United States v. Dailey

United States District Court, E.D. Michigan, Southern Division

November 27, 2017

UNITED STATES OF AMERICA, Plaintiff,
v.
D-11 CARY DAILEY, Defendant.

          OPINION AND REVOKING BOND

          GERSHWIN A. DRAIN UNITED STATES DISTRICT JUDGE.

         I. INTRODUCTION

         On November 1, 2017, Defendant Cary Dailey was charged in an Indictment with violating the Racketeer Influenced and Corrupt Organizations Act (“RICO”), 18 U.S.C. § 1962(d), alleging that Defendant and his co-conspirators are members in a street gang engaged in criminal activities, including narcotics trafficking, robbery and extortion. A Superseding Indictment was filed on November 15, 2017, which added an additional charge for being a felon in possession of a firearm.

         On November 14, 2017, Defendant appeared for a detention hearing before the magistrate judge. Notwithstanding pretrial services recommendation to detain Defendant pending trial, the magistrate judge concluded that conditions exist which will reasonably assure Defendant's appearance at future proceedings in this matter, as well as the safety of the community. Thus, the magistrate judge denied the Government's request to detain the Defendant pending trial. The Government has filed an appeal of the magistrate judge's bond order. A hearing on the Government's appeal occurred on November 17, 2017. For the reasons that follow, the Court will revoke Defendant's bond.

         II. FACTUAL BACKGROUND

         The instant action stems from a multi-year investigation of the Smokecamp street gang, which historically has been referred to as the “Runyon Boys, ” “Original Paid Bosses, ” and “Paid Bosses, Inc.” (hereinafter “Smokecamp/OPB”). Smokecamp/OPB has been operating since at least 2007 and its main source of revenue is the sale of narcotics, including cocaine, cocaine base, heroin, marijuana, ecstasy, and various prescription medications.

         Smokecamp/OPB has taken control of the neighborhood near Seven Mile and Albion Roads on the east side of Detroit, which members refer to as “ABlock.” Smokecamp/OPB members sell narcotics from “trap” houses, the Plaga Apartment complex and businesses such as the East Seven Mile Liquor Store, Fresh Fish Market, MetroPCS and the Sunoco gas station, which are all located in the ABlock neighborhood. Smokecamp/OPB members have also traveled to West Virginia, Ohio and Kentucky to sell controlled substances.

         Smokecamp/OPB members utilize a variety of unifying marks and identifying signs such as red clothing, tattoos of five-pointed stars and the number 724. They also regularly use social media websites such as Instagram, Twitter, Facebook and YouTube to highlight their affiliation with the gang, as well as to boast about their criminal activities.

         Smokecamp/OPB members protect their ABlock “territory” by using intimidation and violence, including assaults and robberies, both with dangerous weapons, thereby perpetuating a climate of fear in the ABlock neighborhood. They are also alleged to have committed extortion, money laundering and witness intimidation in furtherance of their conspiracy.

         Defendant is twenty eight years old and a lifelong resident of Detroit. He currently resides with his sister. He has two children, age seven and three. Defendant is currently unemployed. He has a sparse employment history with past work with a cell company and landscaping.

         Defendant has an extensive criminal history, including the most recent conviction for narcotics trafficking, along with two of his co-conspirators named in the Superseding Indictment, in the United States District Court for the Northern District of West Virginia. Defendant was sentenced to a term of forty-one months imprisonment and three years of supervised release. The conditions of his supervision include the prohibition of “frequent[ing] places where controlled substances are illegally sold, used, distributed or administered.” See United States v. Williams, No. 1:14-cr-00078, Dkt. No. 209 at Pg ID 605. In addition to being precluded from possessing firearms, ammunition or other dangerous weapons, Defendant is also prohibited from “associate[ing] with any persons engaged in criminal activity and . . . any person convicted of a felony, unless granted permission to do so by his probation officer.” Id. Defendant's supervision was recently transferred to this district.

         Defendant was convicted of marijuana possession and received a three months of probation in 2009. He failed to appear several times and a warrant was issued. A year later, Defendant pled guilty to attempted carrying a concealed weapon and received two years of probation. Again, Defendant committed numerous probation violations while serving this sentence.

         Defendant has been arrested thirty one times. He has repeatedly been charged with loitering, which is consistent with the allegations in the Superseding Indictment as Smokecamp/OPB members sell narcotics out of “trap” houses and businesses in the ABlock neighborhood During the hearing on this matter, the Government introduced various photographs and statements posted by Defendant from his social media accounts.

         Since his release from custody stemming from the West Virginia conviction, Defendant has made several posts suggesting his continued involvement with Smokecamp/OPB and criminal activity. In June of this year, while living at a halfway house, Defendant posted a photograph from his Instagram account depicting a gun and money. On September 16, 2017, Defendant posted a picture of himself in front of co-conspirator Richard Langston's house. The post included emoji icons of guns and drugs, as well as a statement that “I never left.” Defendant self-reported to his probation officer on September 11, 2017. However, his probation officer scheduled a meeting at his current residence and he was not there at the scheduled time. His probation ...


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