United States v. Fredrick Thomas

MEMORANDUM

Defendant Fredrick Thomas appeals his conviction of one count of participating in the conduct of a Racketeer Influenced and Corrupt Organizations (“RICO”) enterprise, in violation of 18 U.S.C. § 1962 (c), and one count of RICO conspiracy, in violation of 18 U.S.C. § 1962 (d). Reviewing de novo the sufficiency of the indictment, United States v. Olander, 572 F.3d 764, 766 (9th Cir. 2009), we affirm.

1. We assume, without deciding, that the government was required to set forth, in the indictment, more than just the elements of the offense. See United States v. Woodruff, 50 F.3d 673, 676 (9th Cir. 1995) (“Generally, an indictment is sufficient if it sets forth the elements of the charged offense so as to ensure the right of the defendant not to be placed in double jeopardy and to be informed of the offense charged”). Here, “read in its entirety, construed according to common sense, and interpreted to include facts which are necessarily implied,” United States v. Hinton, 222 F.3d 664, 672 (9th Cir. 2000) (internal quotation marks omitted), the indictment sufficiently alleges that Defendant participated in the RICO enterprise. Defendant was a “member” of the organization.…