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UNITED STATES v. CRANSHAW

March 25, 1993

UNITED STATES OF AMERICA, Plaintiff,
v.
REICO CRANSHAW, Defendant.



The opinion of the court was delivered by: CHARLES RONALD NORGLE, SR.

 CHARLES R. NORGLE, SR., District Judge:

 Before the court is the motion of defendant Reico Cranshaw ("Cranshaw") to vacate, set aside, or correct his sentence pursuant to 28 U.S.C. § 2255. Not one of the issues was raised on direct appeal of his conviction. For the reasons which follow, the motion is denied.

 Cranshaw, a member of an organization called the El Rukn, went to trial with Jeff Fort, its leader, and three other "emirs" or generals. All defendants were convicted and sentenced.

 The sentences imposed were:

 
Jeff Fort - 80 years and a $ 255,000 fine;
 
Alan Knox - 54 years and a $ 229,000 fine;
 
Leon McAnderson - 51 years and a $ 241,000 fine;
 
Reico Cranshaw - 63 years and a $ 241,000 fine;
 
Roosevelt Hawkins - 9 years.

 On November 24, 1987, Cranshaw was convicted on thirty-five counts of a fifty count indictment for conspiring to commit terrorist acts in the United States on behalf of the Libyan government for money in violation of 18 U.S.C. § 371 (Count 1); travelling in interstate and foreign commerce with intent to carry out arson in violation of 18 U.S.C. §§ 2 and 1952(a)(3) (Counts 2-4, 7, 26, and 28); using interstate telephone facilities to carry out arson in violation of 18 U.S.C. §§ 2 and 1952(a)(3) (Counts 5, 6, 8-25, 27, 29, 30, 36, and 46); attempting to receive an explosive device in interstate commerce in violation of 18 U.S.C. §§ 2 and 844(d) (Count 45); and possession of unregistered firearms in violation of 26 U.S.C. §§ 5861(d) and 5871 and 18 U.S.C. § 2 (Counts 48 and 50). On December 29, 1987, Cranshaw was sentenced to sixty-three years incarceration and fined $ 241,000.

 Cranshaw appealed his conviction to the Court of Appeals for the Seventh Circuit and his conviction was affirmed. United States v. McAnderson, 914 F.2d 934 (7th Cir. 1990). On appeal, neither Cranshaw nor any of his co-defendants challenged the validity of the sentences imposed by this court. On or about January 7, 1993, Cranshaw filed his petition under 28 U.S.C. § 2255.

 To comprehend the issues raised by Cranshaw, a review of the trial evidence is necessary. The five defendants, all members of the Chicago street gang the El Rukns, were convicted for their various roles in a conspiracy to commit terrorist acts throughout the ...


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