Mercado

MEMORANDUM *

Robert Mercado, Jr. and Daniel Bravo appeal their convictions and sentences for racketeering conspiracy in violation of 18 U.S.C. § 1962 (d), and conspiracy to aid and abet narcotics trafficking in violation of 21 U.S.C. § 846 . The charges arise from the activities of the so-called “Mexican Mafia.” Mercado challenges the district court’s order denying his motion to suppress the fruits of the first of several wiretaps authorized in the investigation of that organization. Bravo challenges the *21 district court’s denial of his motion to sever his trial and his motion to dismiss the indictment for outrageous government conduct. Both defendants challenge the district court’s consideration of acquitted conduct in fashioning their sentences on the charges of conviction. We have jurisdiction pursuant to 18 U.S.C. § 3742 (b) and 28 U.S.C. § 1291 . We affirm the convictions and remand for possible resentencing after the Supreme Court decides pending cases on Guideline Sentencing.

A. Wiretap

Mercado moved to suppress all the evidence obtained as a result of the interceptions of wire communications on the ground that the application for the initial wiretap on the first…