1458

Sample Enhanced Penalty Information—18 U.S.C § 521

ENHANCED PENALTY INFORMATION The United States Attorney for the _______ District of ______ charges: Between on or about (January 1, 1991) , and on or about (February 14, 1995) , the (gang name) was a criminal street gang, as that term is defined in Title 18, United States Code, Section 521(a), that is an ongoing group, club, organization, and association of five or more persons that (i) had as one of its primary purposes the commission of one or more of the criminal offenses described in Title 18, United States Code, Section 521(c), (ii) the members of which were engaging in, and had engaged within the past five years, in a continuing series of offenses described in Title 18, United States Code, Section 521(c), and (iii) the activities of which affect interstate and foreign commerce. The offense charged in [Count 3] of the Indictment filed in the above captioned matter on February 15, 1995, that is Title 21, United States Code, Section 846, is an offense described in Title 18, United States Code, Section 521(c). At all times relevant to [Count 3] of the Indictment filed in this matter, the defendants (name) , (name) , each of whom committed the offense charged in [Count 3] of the Indictment filed in this matter, were persons who: participated in the (gang name) with knowledge that its members were engaging in and had engaged in a continuing series of offenses described in Title 21, United States Code, Section 521(c), that is the offenses charged in [Count 2 as Racketeering Acts 1 and 2, and Counts 3 through 35, and Counts 43 and 44] of the Indictment filed in this matter, intended to promote and further the felonious activities of the (gang name), and maintain and increase his position therein, and at the time of the offense charged in [Count 3] of the Indictment filed in this case, had been convicted within the past five years of an offense specified in Title 18, United States Code, Section 521(d)(3), as more particularly described in Paragraphs 4 through 15 of this Enhanced Penalty Information. On or about [July 12, 1991], defendant (name) was convicted in [New Jersey Superior] Court of aggravated assault, in violation of [N.J.S.A. Section 2C:12-1b.(2)], a felony crime of violence having as an element the use or attempted use of physical force against another. Thereafter, on or about [February 14, 1992], defendant (name) was convicted in [New Jersey Superior] Court of conspiracy to distribute heroin, in violation of [N.J.S.A. Section 2C:5-2], a drug crime for which the maximum penalty was not less than five years' imprisonment. On or about [April 24, 1992], defendant (name) was convicted in [New Jersey Superior] Court of possession with intent to distribute cocaine, in violation of [N.J.S.A. Section 2C:35-5a.(1)], a drug crime for which the maximum penalty was not less than five years' imprisonment. On or about [January 24, 1992], defendant (name) was convicted in [New Jersey Superior] Court of possession of cocaine and possession with intent to distribute cocaine, in violation of [N.J.S.A. Sections 2C:35-10a.(1) and 35-5b.(3)], each a drug crime for which the maximum penalty was not less than five years' imprisonment. On or about [February 14, 1992], defendant (name) was convicted in [New Jersey Superior] Court of distribution of heroin within 1,000 feet of a school, in violation of [N.J.S.A. Section 2C:35-7], a drug crime for which the maximum penalty was not less than five years' imprisonment. On or about [June 25, 1993], defendant (name) was convicted in [New Jersey Superior] Court of possession with intent to distribute a controlled dangerous substance, in violation of [N.J.S.A. Section 2C:35-5a.(1)], a drug crime for which the maximum penalty was not less than five years' imprisonment. On or about [September 28, 1990], the defendant (name) was convicted in [New Jersey Superior] Court of possession with intent to distribute cocaine, in violation of [N.J.S.A. Section 2C:35-5b.(3)], a drug crime for which the maximum penalty was not less than five years' imprisonment. Accordingly, at sentencing the United States shall seek increased punishment of each of the above defendants, as such punishment is authorized under Title 18, United States Code, Section 521. ________________________ UNITED STATES ATTORNEY [cited in Criminal Resource Manual 1457; USAM 9-63.1200]