MARVIN NICHOLSON (21-1768); BRYAN SORRELL (21-1779) v. UNITED STATES OF AMERICA - Articles

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MARVIN NICHOLSON (21-1768); BRYAN SORRELL (21-1779) v. UNITED STATES OF AMERICA

Posted by: Tanja Trezise on Aug 16, 2023

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED and ON BRIEF: Michael J, West, HOGAN LOVELLS US LLP, Washington, D.C., for Appellant in 21-1768. Jeremy Gordon, JEREMY GORDON, PLLC, Mansfield, Texas, for Appellant in 21-1779.

Attorneys 2: ARGUED and ON BRIEF: Mark Chasteen, UNITED STATES ATTORNEY’S OFFICE, Detroit, Michigan, for Appellee.

Judge(s): GILMAN, LARSEN, and NALBANDIAN, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Eastern District of Michigan at Detroit

NALBANDIAN, Circuit Judge. An indictment charged motorcycle-gang members Marvin Nicholson and Bryan Sorrell with one count of conspiracy and one count of aiding-and-abetting assault under the Violent Crimes in Aid of Racketeering (“VICAR”) statute. At trial, the district court instructed the jury that either of those two offenses could serve as a predicate offense for another count involving the use or carrying of a firearm during and in relation to a crime of violence under 18 U.S.C. § 924(c). The jury convicted both Nicholson and Sorrell on those three counts, among others. And we affirmed. Now, under 28 U.S.C. § 2255, they appeal the district court’s refusal to vacate their § 924(c) convictions. Because the § 924(c) convictions rested on a valid predicate offense, and because the jury-instruction error on an invalid predicate offense was harmless, we affirm.

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