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The government presented evidence that Martinez, Fernandez and Sanchez had approved the murders of Turscak and Detevis and had discussed plans to carry them out. “Before an appellate court can correct an error not raised at trial, there must be (1) error, (2) that is plain, and (3) that affects substantial rights. Because our precedents have rejected the notion that an interstate nexus constitutes an element of offenses under the CSA in the drug trafficking context, the government was not required to plead such nexus in the indictment. Appellants' arguments fail for the same reasons that their attacks on counts one and two of the indictment fail. As we explained above, an indictment is sufficient if it sets forth the elements of the charged offense. Odom, 329 F.3d 1032, 1034 (9th Cir.2003) (citation omitted). Count One: Racketeering (Substantive Violations) Title 18 U. Under California law, “[a] conspiracy is an agreement entered into between two or more persons with the specific intent to agree to commit” a specified crime, “with the further specific intent to commit that crime ․, followed by an overt act committed in this state by one (or more) of the parties for the purpose of accomplishing the object of the agreement.” CAL. It is unclear, however, whether the overt act must be committed while the defendant is a part of the conspiracy in order for it to be used against him. JURY INSTRUCTIONS, CRIMINAL 6.10 (“It is not necessary to the guilt of any particular defendant that he personally committed an overt act, if he was one of the conspirators when the alleged overt act was committed.”) (alternative pronouns omitted), with 1 WITKIN & EPSTEIN, CALIFORNIA CRIMINAL LAW (3d ed.

On Easter Sunday in 1998, Torvisco, Rochin and others actually made an unsuccessful attempt to murder Turscak. If all three conditions are met, an appellate court may then exercise its discretion to notice a forfeited error, but only if (4) the error seriously affects the fairness, integrity, or public reputation of judicial proceedings.” United States v. Montes-Zarate, 552 F.2d 1330, 1331 (9th Cir.1977) (per curiam); see also United States v. We have held that an indictment setting forth the elements of the offense is generally sufficient. § 1959 requires that the “enterprise” in question be one “which is engaged in, or the activities of which affect, interstate or foreign commerce.” 18 U. The indictment therefore adequately pled the interstate nexus as to these counts. The district court properly declined to dismiss the RICO charges against Sanchez Sanchez argues that the district court erred in denying his motion to dismiss the indictment because it failed to charge him properly with conspiracy to murder Nicholas Navarro. The district court properly rejected Sanchez's motion to dismiss the indictment. JURY INSTRUCTIONS, CRIMINAL (7th ed.2004) 6.10; see also People v. 2000) Elements § 95 (“[O]ne who joins with the existing conspirators in the criminal plan does not create a new conspiracy but becomes a member of the existing conspiracy.

Schoenberg was described as being “associated” with the Eme because she was married to Sanchez. Predicate Acts (Conduct of Enterprise's Affairs) Fernandez, Sanchez and Gonzales argue that there was insufficient evidence to support their racketeering convictions because the only predicate acts found by the jury were the conspiracies to murder Turscak, Detevis and Lopez, which were not part of the conduct of the enterprise's affairs, but rather the acts of individuals who had personal feuds with the intended victims.

The government presented evidence that all of the appellants were involved in different aspects of the Eme's taxing of drug trafficking by street gangs. As such, they assert, the conspiracies could not be substantive RICO violations.

Fernandez, co-defendant Martinez and Torvisco led an effort to “organize” the street gangs in the San Fernando Valley in late 1998. First, contrary to Appellants' arguments, the jury specifically found that Fernandez and Sanchez had committed two predicate acts in addition to the charged murder conspiracies-the drug trafficking conspiracies in Los Angeles and in jail. Chen, 80 F.3d 1293, 1297, 1299-1300 (9th Cir.1996).

Gavaldon, Contreras and Gonzales were identified as associates.

Verna Wefald, Pasadena, CA, for defendant-appellant Suzanne Schoenberg-Sanchez. Four of the Appellants also raise challenges to their sentences. Torvisco testified that Eme members outside of the prison system were engaged in attempts to “organize” street gangs in various parts of the Los Angeles area.

Cara De Vito, West Hills, CA, for defendant-appellant Dominick Gonzales. Bucur, Laguna Hills, CA, for defendant-appellant Jimmy Sanchez. Appellants Frank Fernandez (“Fernandez”), Roy Gavaldon (“Gavaldon”), David Gonzales-Contreras (“Contreras”), Dominick Gonzales (“Gonzales”), Jimmy Sanchez (“Sanchez”), and Suzanne Schoenberg-Sanchez (“Schoenberg”) (collectively “Appellants”) were convicted on a variety of RICO and drug-trafficking charges relating to their participation in or involvement with the Mexican Mafia or “the Eme.” They appeal their convictions on numerous grounds. The district court had jurisdiction over these cases pursuant to 18 U. There was also a “hard candy” list, which meant that the individual or gang was targeted for death.

An individual becomes a member of the organization by receiving the votes of three members and by showing loyalty to the organization through committing murder, assault, extortion or drug distribution.

Torvisco testified that the Eme has both full members and associates.

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