United States v. Houston

Henry Michael Houston and Wayne Bridgewater were jointly tried and convicted of a substantive Racketeer Influenced and Corrupt Organizations Act (RICO) violation, 18 U.S.C. § 1962 (c); RICO conspiracy, 18 U.S.C. § 1962 (d); and two counts of violent crimes in aid of racketeering activity (VICAR), 18 U.S.C. § 1959 , arising out of their membership in the Aryan Brotherhood (AB). Each was sentenced to life in prison without possibility of parole. They appeal, raising Brady and Napue issues, and claiming instructional error. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm.

I

A

For some time prior to August 28, 1997, racial tension between the Aryan Brotherhood and DC Blacks prison gangs had been growing at the United States Prison at Lewisburg. On the morning of August 28, Bridgewater, an AB member, and A1 Benton, a member of the AB’s three-person governing Commission for federal prisons, opened a letter from Tyler Bingham, another AB federal commissioner. The letter contained invisible ink that, when heated, revealed the phrase “War with DC Blacks.” At 10:53 A.M., Benton called Ronnie Slocum, who had forwarded the letter, to find out why the AB was now…