Franco

I. BACKGROUND

4 In 2010, a joint federal and state task force undertook an investigation of extortion 5 and drug trafficking by the Mexican Mafia and local street gangs in San Diego County. 6 (Dkt. No. 2101 at 92.) On January 19, 2012, an indictment was filed charging forty alleged 7 Mafia members and associates with engaging in a racketeering conspiracy in violation of 8 RICO, under 18 U.S.C. § 1962(d). (Dkt. No. 1.) The indictment alleged that Petitioner is a 9 high-level associate of the Mexican Mafia, who has “responsibility over the distribution of 10 narcotics and the ‘taxation’ of individuals operating within the geographic areas controlled 11 by the Mexican Mafia.” (Id. at 10.) The Mexican Mafia exerts control over many Hispanic 12 street gangs and requires them to pay a “tax” on a regular basis. (Id. at 5.) By paying the 13 tax, the street gang is permitted to “have influence over, and to traffic in, narcotics in their 14 neighborhoods and territories.” (Id.) At all times relevant to the indictment, Petitioner was 15 incarcerated at Donovan State Prison. (Id. at 10.) While incarcerated, Petitioner was 16 responsible for collecting “taxes” and sending the…