131894P.pdf   09/10/2014  United States  v.  Dominic Henley
   U.S. Court of Appeals Case No:  13-1894
                          and No:  13-1935
                          and No:  13-1941
                          and No:  13-1967
                          and No:  13-1969
                          and No:  13-1971
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Murphy, Author, with Colloton and Kelly, Circuit Judges] 
   Criminal case - Criminal law. In this RICO prosecution of the members of 
   the Wheels of Soul motorcycle gang, the evidence was sufficient to support 
   their RICO conspiracy and other convictions; since the interception of 
   phone calls through a wire tap includes both the location of the tapped 
   phone and the original listening post, a judge in the Eastern District of 
   Missouri had authority under Title III to issue the wiretap orders in the 
   case; no error in admitting defendants' recorded conversation; the 
   district court did not err in denying defendants' requests for special 
   verdict forms; jury instructions regarding an attempted murder were not 
   erroneous; no error in admitting evidence of an uncharged murder as it was 
   relevant to establishing the elements of the RICO conspiracy; no error in 
   denying defendant Smith's motion to sever; no error in refusing to admit 
   the hearsay confession of an unavailable witness as the witness's 
   affidavit was not clearly against his own interest since he claimed 
   self-defense in the shooting and lacked indicia of trustworthiness; the 
   district court did not plainly err in excluding the testimony of the 
   unavailable witness's wife regarding his statements since defendant Poteet 
   failed to lay an evidentiary foundation showing it to be an excited 
   utterance or a statement against interest; no error in imposing a 
   two-level enhancement against defendant Poteet under Guidelines Sec. 
   3B1.1(c)for a leadership role.