United States v. Robert Mercado, Jr., United States of America v. Daniel Bravo, Aka's Sporty Seal G

Opinion by Judge FERNANDEZ; Dissent by Judge BETTY B. FLETCHER

FERNANDEZ, Circuit Judge.

Robert Mercado, Jr., and Daniel Bravo appeal their sentences for conspiracy to violate RICO,118 U.S.C. § 1962(d), and for conspiracy to aid and abet narcotics trafficking. 21 U.S.C. § 846. They assert that in calculating their sentences under the United States Sentencing Guidelines, the district court erred when it considered criminal activity which had been charged in the indictment, but which the jury determined had not been proved beyond a reasonable doubt. We affirm.

BACKGROUND

As part of the government’s…