United States v. Richard Glenn Motley, United States of America v. Michael Lee Musick

Appellants Musick and Motley were two of many defendants tried in the vast Hells Angels RICO (drug) conspiracy trial of the winter of 1979 and the spring of 1980. After nine months of trial and three weeks of deliberation, the jury was unable to reach a verdict. A mistrial was declared on defendants’ motion and over the government’s objection. After the mistrial, the government obtained a superseding indictment against both Musick and Motley which, instead of charging RICO and conspiracy offenses, charges the underlying drug offenses.

The original indictment had charged Motley with one substantive count of violating the RICO Act, 18 U.S.C. § 1962 (c), one count of conspiring to violate the RICO Act, 18 U.S.C. § 1962 (d), and one count of using a firearm to commit a felony, 18 U.S.C. § 924 (c)(1). These charges carried a possible combined penalty of 50 years and $50,-000 in fines. At the close of the government’s case, the court dismissed Motley’s firearm count, thereby reducing his possible prison term to 40 years. The superseding indictment charges Motley with four counts of violating 21 U.S.C. § 841 (a)(1): possession and distribution of methamphetamine and heroin. These counts…