Ninth Circuit -- USA V. BINGHAM

USA V. BINGHAM

 Sufficient evidence to convict on VICAR murder after gang member said there was a "war" on with another gang.

RICO conviction upheld, despite the fact that the gang had reorganized during the term of the offense : The particular structure under which the AB operated at the time of the various predicate acts is not determinative of the relatedness of those acts.

Stabbing under the arm is attempted homicide, not mere assault.

Second pair of bloody trousers means no DP violation in destruction of bloody trousers, no evidence police knew they were potentially exculpatory.

Cannot assume that prosecutor knew that prior inconsistent statement was true.

Pinkerton culpability can establish RICO predicates.

No burden on gov't to present exculpatory evidence to grand jury.

No error in declining to admit an indictment from another prosecution where the defts are not named in the second indictment.