Full opinion text
MEMORANDUM OPINION AND ORDER ANN CLAIRE WILLIAMS, District Judge. On March 10, 1992, the jury in this five defendant trial reached its verdict. The jury found defendant Rocco Ernest Infelise guilty on Counts 1-2, 6-7, 12-17, and 33-42 of the indictment. With respect to Count 1, the jury found Infelise guilty of all charged unlawful debts and Racketeering Acts 5(a)-(c), 6-7, 10(a)—(b), 11(a)—(b), 17(a), 24, and 26. The jury found Infelise not guilty of Racketeering Acts 8 and 9(a), and could not reach a verdict on Racketeering Act 17(b). The jury also could not reach verdicts on Counts 8-9. The jury found defendant Robert Bellavia guilty on Counts 1, 2, and 6 of the indictment. With respect to Count 1, the jury found Bellavia guilty of Unlawful Debt 4 and Racketeering Acts 5(a), 17(a), and 24. The jury could not reach verdicts on Racketeering Act 17(b), and Counts 8-9. This case is currently before the court on defendants Infelise’s and Bellavia’s objections to their presentence investigation reports (“PSIs”) and the government’s motion for upward departure. For the reasons stated below, this court finds that Infelise’s total adjusted offense level is 43, his criminal history category is IV, and his guideline sentence is life in prison. This court also finds that Bellavia’s total adjusted offense level is 43, his criminal history category is I, and his guideline sentence is life in prison. Since none of the counts for which Infelise and Bellavia were convicted bear a maximum penalty of life imprisonment, this court will impose consecutive sentences on all counts. Given the length of this opinion, the court has provided a Table of Contents. Table of Contents I. Background A. Overview of the Ferriola Street Crew’s Illegal Activities 1. Illegal Gambling Operation 2. The Collection of Unlawful Debts 3. Payoffs and Bribes 4. Hal Smith’s Murder B. Defendants Infelise’s and Bellavia’s Roles in the Ferriola Street Crew 1. Infelise’s Role 2. Bellavia’s Role II. The Objections to the PSIs and The Government’s Motion for Upward Departure A. Joint Objections 1. Defendants’ and the Government’s Proposed Calculations 2. Defendants’ Accountability for Hal Smith’s Death 3. The Masters Decision 4. The Application of the Masters Decision to This Case a. Enhancements for More Than Minimal Planning, Use of a Dangerous Weapon, and Degree of Bodily Injury b. Enhancement for Pecuniary Motive for Smith’s Murder c. Enhancement for the Physical Restraint of the Victim B. Objections Only Applicable to Infelise 1. Enhancement for Serving as an Organizer or Leader 2. Enhancement for Obstruction of Justice C. Objections Only Applicable to Bellavia 1. Enhancement for Serving as a Supervisor or Manager 2. Reduction for Being a Minor Participant and Enhancement for Obstruction of Justice D. Conclusions Regarding Infelise’s and Bellavia’s Objections E. The Government’s Motion for an Upward Departure for the Conspiracy to Murder Hal Smith 1. The Application of U.S.S.G. § 5K2.1 2. The Extent of the Upward Departure 3. Infelise’s Argument Against the Imposition of Consecutive Sentences 4. Infelise’s Comparison of His Sentence to the Maximum Sentence for Career Offenders 5. Infelise’s Ex Post Facto Argument 6. Summary of the Court’s Ruling F. Other Upward Departure Issues and Enhancements 1. Upward Departure for Participation in Organized Crime 2. Objections Regarding Other Offense Level Calculations a. The Calculation of Infelise’s Offense Levels for Racketeering Acts 6, 10(a), and 11(a) b. The Calculation of Infelise’s Offense Level for Racketeering Act 26 c. The Calculation of Infelise’s Offense Levels for Counts 16-17 and 39-42 d. Relevant Conduct (i) Infelise’s Extortion of Ken Eto (ii) Infelise’s Extortion of Gerald Kurth (iii) Bellavia’s Collection of Juice Loan Payments for “Romi’s Guy” e. The Calculation of Infelise’s Offense Level for Unlawful Debt 23 f. The Calculation of Bellavia’s Criminal History Category III. Conclusion Background A. Overview of the Ferriola Street Crew’s Illegal Activities This case involves the illegal activities of one operating unit of the Chicago Outfit or mob known as the Ferriola Street Crew. This crew existed primarily to provide income to its members through: (1) the operation of various illegal gambling businesses such as sports bookmaking, parlay cards, and casino games, (2) the collection of “juice” or interest on usurious loans made by the crew, (3) the collection of “street tax” or money from individuals engaged in illegal or quasi-illegal businesses, and (4) the use of these proceeds in the criminal enterprise and other business ventures. To conceal their actions, the crew also provided monetary payments to crew members who refused to testify against the crew, instructed potential grand jury witnesses to lie, and attempted to and bribed various police officers, judges, and other political officials. From 1979 through the indictment in this case, the Ferriola Street Crew was involved in several illegal gambling businesses including a sports bookmaking business, two parlay card businesses from 1979 through 1983, floating blackjack games, and a casino. De-Laurentis also operated gambling rooms in 1982 and a floating dice game from 1986 through 1989 on behalf of the crew. From 1976 through 1979, defendant William Jahoda operated a sports bookmaking business with Sam Sammarco. In early 1979, Jahoda told Sammarco that he wanted to switch to another bookmaking group and later told Sammarco that he would be working with Infelise. Shortly thereafter, Jahoda had several meetings with Infelise regarding setting up a bookmaking business. In the spring of 1979, Jahoda and representatives of the Ferriola Street crew agreed to form a bookmaking partnership by which profits would be split evenly between Jahoda, Infelise, and the crew. Jahoda was given responsibility for the day-to-day operation of the gambling operation including supervision of the wirerooms. Jahoda reported to Infelise on almost a daily basis regarding daily operations. This partnership continued until 1988 and generated profits of approximately $8 million. In 1988, Jahoda was arrested twice for operating illegal blackjack games for the crew. As a result, Infelise replaced Jahoda with DeLaurentis, who became a partner and assumed responsibility for the day-to-day management of their gambling operation. Defendant William DiDomenico acted as De-Laurentis’ principal assistant. Jahoda remained involved in the business as a 50/50 bookmaker. Many other defendants were involved in the sports bookmaking business. For example, Bellavia was a collector and a supervisor for the operation. He also supervised the bookmaking activities of Freddie Braun. Marino started as an agent and later became a collections supervisor. Marino also supervised the bookmaking activities of Homer Gonzalez for the crew. Michael Zitello acted, at various times, as an agent, 50/50 bookmaker, wireroom clerk, manager, and collector. Robert Covone, Ronald DeRosa, and Frank Maltese were agents, James Coniglio was a 50/50 bookmaker and a collector, James Nicholas was a 50/50 bookmaker, and Thomas McCandless and Robert Garrison were 50/50 bookmakers and wireroom clerks. Paul Spano permitted his business, Flash Interstate Delivery System, Inc. (“Flash Trucking”) to be used as a meeting place and operations center for the business. He also kept money at Flash for use in the crew’s bookmaking business. From 1979 through 1983, the crew operated a parlay card business. This operation was initially operated by Infelise, Marino, DeLaurentis, Jahoda, and George Miller. During this time, parlay cards were distributed through agents. In the early 1980’s, DeLaurentis attempted to take over all the parlay card businesses in Lake County, Illinois. During the business’ later period, it was operated by Infelise, Jahoda, DeLaurentis, Michael Sarno, James Damopoulos, and others. Sarno provided the parlay cards for distribution. From 1986 through 1988, the crew also operated a floating blackjack game managed by Jahoda under Infelise’s supervision. Bellavia, Garrison, Nicholas, and Damopoulos acted as agents for this game. The blackjack games’ net profits were split equally between Infelise, Jahoda, Ferriola, and Chuck Burge. The games were rigged through the use of professional card cheats and mirrored shoes. In total, approximately 24 floating blackjack games were held and nearly $1 million in profits was generated. And, in the spring and summer of 1982, the crew operated a casino in a house in Libertyville, Illinois known as the Rouse House. The casino was managed by Jahoda under Infelise’s supervision. The casino had rigged blackjack and craps games. Marino, DeLaurentis, McCandless, and Zitello worked at the casino, and DeLaurentis, McCandless, Zitello, and others provided players for the games. Casino profits were split equally between Infelise, Jahoda, Ferriola, and the crew. During its operation, the casino generated approximately $500,000 in profits. The Ferriola Street Crew also collected unlawful debts, including gambling debts from losing bettors and interest and principal payments on juice loans. Interest on juice loans varied from 10% per month to 10% per week. Losing bettors who were unable to pay their gambling debts often were given juice loans for the balance of their gambling debts. The crew also provided bankrolls to crew members and others from which to make juice loans and from which the crew received a percentage of the money obtained. Beginning in approximately 1974, the crew also sought to control all independent sports bookmaking businesses, particularly in northern Cook, Lake, and McHenry Counties, Illinois. The crew forced independent bookmakers to either pay the crew a monthly street tax, make the crew a partner in their bookmaking business, or get out of the business. Partnerships were usually 50% partnerships by which the crew and the bookmaker would share profits and losses on a 50/50 basis. In the late 1970’s and early 1980’s, the crew expanded this operation to include collecting street tax from houses of prostitution and adult book stores. During the early 1980’s, the crew also attempted to take over independent parlay card gambling businesses and independent high stakes card games. Violence or the threat of violence was used by crew members to maintain control over the independent operators. The Ferriola Street Crew also made great efforts to conceal their illegal activity. For example, the crew provided monetary payments to imprisoned members who refused to testify against the crew. During the grand jury investigation of this case, crew members Garrison, Nicholas, John Caulderullo, and Anthony Petronella, and street tax victim Chuck Cesario were subpoenaed to testify, asserted their Fifth Amendment privilege, were immunized, and still refused to testify before the grand jury. All five were ultimately incarcerated for civil contempt. While incarcerated, they received cash payments which were deducted from the crew’s profits. Crew members Jahoda, Harry Aleman, and Jerry Scalise also received cash payments from the crew during or after their imprisonment for various offenses. Crew members also instructed potential grand jury witnesses to lie. For example, DeLaurentis told street tax victim Gerry Otto to lie to' the grand jury. Infelise and' R.J. McDonnell joked about the “story” agent Navorat Boonpituck told to the grand jury. And, DeLaurentis and DiDomenico created a story for undercover agent Larry Weeks to tell authorities if he was contacted regarding their Lake Geneva bribery scheme. In addition, crew members attempted to and bribed police officers, judges, and other political officials to assure the acquittal of crew members indicted on criminal charges and for police protection for the crew’s gambling operation. For example, in 1977, Robert Cooley fixed a murder trial for Ale-man. On Pat Marcy’s instructions, Cooley paid $10,000 to the presiding judge to fix the case. Aleman was subsequently acquitted in a bench trial. In 1981, Ken Eto made a series of monthly $1,000 payments to John Monteleone through Infelise and Marino. These payments were to buy police protection from the Vice Control Division of the Chicago Police Department for Eto’s monte game. In 1982, Pat Gervais paid a total of $12,000 to the crew for permission to operate his house of prostitution in Lake County, Illinois. DeLaurentis and Marino told Gervais that his $3,000 per month payment would take care of the crew and the Lake County Sheriffs Department, and that the sheriffs department would give him advance warning of any raids or investigations. Gervais received such a warning about a raid in March 1982. Also in 1982, Infelise instructed Jahoda to give him $1,500 per month out of the Rouse House casino profits so that he could bribe the Lake County Sheriff to get advance notice of raids. Infelise told Jahoda that Femóla had a contact in the sheriffs department and Infelise had a “hot phone” installed in the casino where the advance raid warnings would be received. From 1982 through the fall of 1986, the Outfit and the Ferriola Street Crew also controlled the issuance of liquor licenses through Steve Bayovich, the Liquor Control Commissioner in Cicero, Illinois. This was originally accomplished through Bucky Ortenzi, but after Ortenzi’s death in 1986, Infelise took over for him. In 1986, Infelise agreed to obtain a Cicero liquor license for a client of Robert J. McDonnell. During this period, monthly bribe payments were made to Bayovich. In 1986, Infelise, through Pat Marcy and others, bribed his federal probation officer by finding the probation officer’s son a job. The probation officer’s son interviewed with Frank Maltese and Dino Marino, Louis Mari-no’s son and a high ranking employee at the Town of Cicero Department of Public Works (“DPW”), and was ultimately employed by DPW. In 1987, DeLaurentis informed Jahoda that he paid $1,000 per month to the Forest Park Police Chief to protect the crew’s floating craps game. Shortly thereafter, Infelise told Jahoda that the game had been moved to the Argo/Willow Springs area and that protection money was being paid there. In 1988, Infelise told Jahoda that he had been giving $5,000 per month to Undersheriff of Cook County James Dvorak to be forwarded to the Cook County Sheriff for protection. In the fall of 1988, Infelise told Jahoda that this payoff had been increased to $10,000 per month. In September 1989, Infelise again confirmed to Jahoda that the crew was paying Dvorak monthly payoffs and that $35,000 in crew funds were being paid each month to incarcerated crew members and “the coppers.” In February 1988, Jahoda was arrested by the Illinois State Police for operating a blackjack game at the Arlington Hilton Hotel in Arlington, Illinois. From the time of his arrest through the fall of 1989, Jahoda had a series of conversations with Infelise, DeLaurentis, and Maltese regarding payoffs they were offering to three Cook County judges to fix Jahoda’s case. Infelise told Jahoda that he believed something could be done to have the first judge on the case, Judge Christy Berkos, take care of Jahoda’s case. In the summer of 1988, Maltese told Infelise and Jahoda that he had met with Berkos and that Berkos was holding out for a trip for two to Hawaii. Berkos denies having been offered a bribe, but acknowledges that he received strange contacts while assigned to Jahoda’s case. In early 1989, Berkos recused himself from the case because he knew one of Jahoda’s family members. The second judge on the case, Judge Thomas Hett, also recused himself during the summer of 1989 because he knew one of Jahoda’s family members. After Hett’s recusal, Infelise told Jahoda that Maltese had met with Hett and that Hett would have been given $7,500 to take care of the case. Later, Infelise and DeLaurentis told Jahoda that the third judge assigned to his case, Judge Richard Neville, would be paid $10,000 to fix the case. According to Infelise, Pat Marcy was to handle it. The State eventually dismissed the case on its own motion. In September 1989, Garrison wanted to run a regular high stakes poker game in Lake County, Illinois. DeLaurentis gave him permission to operate this game on the condition that Garrison pay the crew half of his profits and $250 per month for police protection. Also in 1989, at DeLaurentis’ request, Rocco Pellettiere attempted to make a payoff to DeLaurentis’ former brother-in-law, Lake County Deputy Sheriff Willie Smith. Pellettiere offered Smith $500 per month for his approval to place DeLaurentis’ joker poker machines in certain Lake County bars and early warning of any police raids on those bars. DeLaurentis later confirmed to Jahoda his belief that Smith had been bribed to permit them to operate illegal gambling activities in Lake County, Illinois. Every Christmas, Infelise also instructed Jahoda to give him or DeLaurentis money from the bookmaking business to payoff various individuals in the Cook County Sheriffs Department. Upon DeLaurentis’ demand, Lake County bookmaker Gerry Otto also paid $1,000 per year into this “Christmas fund.” These payoffs ranged from $1,500— $5,000 per year. Infelise, DeLaurentis, and Jahoda also engaged in a scheme with undercover agent Larry Weeks to bribe a local Wisconsin zoning official to gain favorable treatment in their efforts to get commercial/industrial property near Lake Geneva, Illinois zoned as residential property. This bribe was to be financed by a $50,000 juice loan to Weeks from funds provided by Infelise, DeLaurentis, and Jahoda. At Infelise’s direction, Jahoda obtained the $50,000 to give Weeks from money Spano kept for the crew at Flash Trucking. Jahoda then repaid Infelise for his and DeLaurentis’ share of the juice loan. DiDomenico subsequently delivered DeLaurentis’ share of the loan to reimburse Jahoda. Some members of the crew were also responsible for conspiring to murder independent bookmaker Hal Smith. Since at least 1981, Smith was aware of the efforts of the Ferriola Street Crew, particularly Marino and DeLaurentis, to impose a street tax on independent bookmakers in Lake County or force them to become partners with the crew. Smith resisted these efforts. In March 1983, the IRS seized $600,000 in cash from Smith’s home during a highly publicized raid. After this raid, the crew stepped up its efforts to gain control over Smith’s bookmaking operation. For six months in 1983, Smith and his partners, Dave Puhl and Phil Janis, paid DeLaurentis $3,000 per month in street tax. In the fall of 1983, DeLaurentis arranged a meeting with Janis and Robbie Hildebrandt, one of Smith and Janis’ phone clerks. At this meeting, DeLaurentis told Janis and Hildebrandt that they and Smith would have to pay street tax. When Hildebrandt told Smith about the meeting, Smith said “fuck that little guinea” and told Hildebrandt that he would take care of it. Janis retired to Florida shortly thereafter. In late February or early March 1984, DeLaurentis again contacted Hildebrandt about paying street tax. At a subsequent meeting, DeLaurentis told Hildebrandt and Smith that Smith had to pay $6,000 per month in street tax. Smith offered $3,000 and then $3,500, but DeLaurentis refused these offers. Smith then said, “Now you get nothing.” A very loud and public argument ensued in which Smith made numerous ethnic slurs about DeLaurentis. DeLaurentis told Hildebrandt that he was going to get a “slap” and told Smith that he was going to be “trunk music.” Smith’s refusal to pay street tax motivated some members of the crew to conspire to kill him. In the spring of 1984, Infelise asked Jahoda to show him where Smith lived. Thereafter, Infelise, Marino, and Bellavia went looking for Smith. Infelise asked Jahoda to set up meetings with Smith so that they could observe him. In the fall of 1984, Infelise instructed Jahoda to keep in contact with Smith. On or about February 5, 1985, Infelise ordered Jahoda to bring Smith to Jahoda’s house in Long Grove, Illinois. Jahoda arranged for Smith to meet him at a bar on February 7, 1985. Jahoda reported this arrangement to Infelise and told Infelise that he would try to get Smith to come back to his house with him. On February 7, 1985, Infelise, Marino, and Bellavia came to Jahoda’s house. Infelise told Jahoda that only he and Smith should come to his house, preferably in Smith’s car, Smith should enter the house alone through the kitchen, and Jahoda should try not to go in the house. Later that day, Jahoda met Smith at the bar and brought him back to his house as instructed. Jahoda told Smith to go in through the kitchen while he pretended to go over to his mailbox. Jahoda saw Infelise, Marino, and Bellavia in the house after he arrived with Smith. The last time Jahoda saw Smith, he was dazed and slumped on the floor with Infelise, Marino, and Bellavia surrounding him. Later that evening, Jahoda returned home and found his house empty. Jahoda noticed that part • of the kitchen floor had been mopped. Infelise then called Jahoda and told him to look for a cigar and glasses which Marino thought had been left behind. Jahoda looked for these items but could not find them. Both items were later recovered from Smith’s car by the Arlington Heights Police. Jahoda left for Mexico the next day. Smith’s body was found in the trunk of his car on February 10, 1985. The coroner who examined Smith’s body concluded that Smith died of strangulation. The coroner also found that Smith had been tortured because Smith had been severely beaten about the head and face, he had numerous superficial incisions and cuts in his neck and chest, and his throat was slit. None of these cuts were fatal. While in Mexico, Jahoda received a phone call from Infelise who told him that Smith’s body had been found. After Jahoda returned from Mexico, he met with Infelise. Infelise told him that they were all “hot” because of “that thing,” and Jahoda was particularly hot. Infelise commented that the murder of Chuckie English was a good distraction and would take the heat off the Smith murder. In subsequent conversations, Infelise told Jahoda that Smith was a snitch and Femóla wanted to thank him for “that Smith thing.” While working as a government informant, Jahoda obtained consensually recorded conversations with Infelise and Bellavia regarding Smith’s murder. Jahoda told them that “Officer Friendly,” a supposed crooked police officer, had passed on bits of information about the Smith murder investigation to him. On October 25, 1989, Jahoda showed Infelise a list of clues supposedly gathered by the police regarding the murder, including cigarette evidence left at the crime scene and a reference to the route the police believed Smith’s car took the night he was murdered. After reading the list, Infelise stated: “when you tell me something like this, you think I could go home and sleep, without having this information? It might not be important to you, but maybe I know more than you do. Do you understand, you know?” Infelise also questioned the accuracy of the police notes on Smith’s car. He stated: “The car, right? It come from there to your house. It went all the way to mother fuckin’ Arlington Heights. That’s where they found the car. So how could the speedometer only have three miles on it.” Government Exhibit 453. On October 30, 1989, in a consensually recorded conversation, Bellavia and Jahoda also discussed the Smith murder. Jahoda discussed his concern that little clues might have been inadvertently left which would trace the murder to them: Jahoda: Here’s a fucking success. I just want to point out an error or two. He should never have picked up that phone. The biggest break we got is the next day. I don’t know if he told you this. Cook County’s all over my house. I’m already turned in as, as a missing person. Bellavia: Yeah. Jahoda: I got a guy in the house that won’t let them in. Bellavia: Yeah. Jahoda: And who knows what the hell was in there? Bellavia: Yeah. Jahoda: Whoever brought the, the, the rope. I mean, I know everybody’s got gloves. "What the fuck? But when that rope was bought, it wasn’t bought with gloves on. The fucking bag was there. The wrapper was there. The receipt was there. True Value Hardware or whatever. I mean, I, you know, it’s just the little things. (Inaudible). Bellavia: Yeah, right. Them are the little things that, ah ... Jahoda: You know, who, whoever, did the floor leaves the fucking mop. You got to make sure that you use gloves, if, if I don’t come home that night. If I catch that plane in the morning, which I almost did. I almost stayed at a broad’s house. Bellavia: Yeah. Jahoda: Cuz I had my luggage. I almost never went home. So fortunately I was there to tidy up. Bellavia: There’s things that you can be, there’s things you can be so careful about, and yet there’s little, little things. Jahoda: Cuz I know that, that there was either, you know, I don’t wanna know where it came from, you know, Bobby Salerno or yourself. Just, just learn from our successes. Bellavia: That’s right. That’s right. Government Exhibit 457 at 16-17. Later on during the course of this conversation, Jahoda and Bellavia continued them discussion of Smith’s murder: Jahoda: I mean I’m talking about the period. He just never told me a God damn thing. Bellavia: Well, as a rule they should, but they don’t, you know. When a guy’s got bones. Jahoda: He drove me back to the tavern and said, “Burn your clothes and leave. He doesn’t say how long you guys are going to be [at Jahoda’s house with Smith] or where’s he’s going. Bellavia: Yeah. Jahoda: You know what I mean? Like, I know, that, that guy [Smith] ain’t’ there to buy tickets to the, to the Knights of Columbus Smoker. Bellavia: (Laughs). Jahoda: But in my wildest dreams, I don’t picture him getting fucking sliced and diced in the kitchen, either. Government Exhibit 457 at 20-21. Bellavia further assured Jahoda that Smith was only in the kitchen so he did not have to worry about evidence turning up in another room of Jahoda’s house. Jahoda asked: “Except I just want to know one thing. Was that, that guy any place but that kitchen? He never left the kitchen.” Bellavia told him “No.” When Jahoda stated: “So, all I know is I sterilized that kitchen, but I never went past that kitchen. Kitchen and that side bathroom,” Bellavia again responded: “No, that’s all. That was it.” Government Exhibit 457 at 32-34. B. Defendants Infelise’s and Bellavia’s Roles in the Fetriola Street Crew The Ferriola Street Crew’s organization consisted of a “boss” or leader, assistants to the boss, supervisors of the various income producing activities, and many agents and employees who were compensated out of the earnings from those activities. Prom 1974 until his death in 1979, James Torello was the boss, from 1979 until his death in 1989 Joseph Ferriola was the boss, and from 1989 through the indictment of this case defendant Infelise was the boss of the Ferriola Street Crew. Supervisors of the street crew included, at various times, trial defendants Marino, Bellavia, and DeLaurentis. For approximately 11 years, in his capacity as the chief assistant to the street crew boss and as the street crew boss, Infelise oversaw the above described illegal activities of this sophisticated criminal organization, including coordinating and directing its gambling businesses and its street tax and juice loan activities, and supervising and participating in the bribery of law enforcement officers, judges, and public officials. Upon becoming the crew boss, Infelise also coordinated and “refereed” criminal activities of other street crews. Beyond Infelise’s general role in the Ferriola Street Crew’s activities described above, Infelise took part in various other activities which must also be considered when reviewing Infelise’s guideline computations. For example, Kenton Pielet acted as a 50/50 bookmaker for the crew starting in the summer of 1979 and as a 25% agent during the basketball season of 1980. During the football season of 1979, Pielet had approximately 50 betting football customers who lost approximately $102,000. One of Pielet’s bettors, Larry Holler, lost $26,000 in one week. After there were difficulties in collecting Holler’s debt and Holler indicated that he was going to refuse to pay, a meeting was set up between Holler, Pielet, Marino, and Zitello. Holler paid off the $26,000 at this meeting. Holler was permitted to continue betting during the basketball season of 1980 and ultimately lost over $13,000. After Holler did not pay off his debt, a meeting was set up between Pielet, Infelise, and Marino. At this meeting, Pielet told Infelise that he tried to collect Holler’s debt, but that Holler did not have the money. Infelise told Pielet that he was responsible for Holler’s debt. When Pielet laughed at this suggestion, Marino slapped him on the face. Infelise then told Pielet that he would have to collect the debt and pay $500 per month in street tax. According to Pielet, he agreed to make the street tax payments because the slap by Marino scared him. Pielet subsequently switched to another street crew run by Sam Carlisi. This change in crew membership only occurred after Pielet obtained permission to switch and Holler’s $13,000 debt was resolved. Before becoming involved with Infelise and his crew, Patrick Gervais had a street tax relationship with Victor Spilotro, a boss from another crew. But, within a week of opening a house of prostitution in Lake County, Illinois, Gervais received a phone call from De-Laurentis advising him that he would have to pay a $3,000 per month street tax to the Ferriola Street Crew. When Gervais spoke with Spilotro about the phone call, Spilotro told Gervais not to pay DeLaurentis because “he had the muscle.” Marino subsequently set up a meeting with Gervais which Spilotro also attended. When Marino and Infelise showed up for the meeting, Spilotro looked surprised to see Infelise. After Spilotro and Infelise had a brief, private discussion, Spilotro told Gervais that “I am out” and that Gervais’ house of prostitution was “in their territory.” Spilotro also told Gervais that he would have to deal with Marino. After Infelise’s intercession, Gervais began paying street tax to the Ferriola Street Crew. Gervais paid a total of $12,000 to the crew to protect his Lake County house of prostitution. George Miller, Jr. was an independent bookmaker who worked with bookmaker Hal Smith during the late 1970’s. In 1980 or 1981, Miller broke away from Smith and began working as an independent bookmaker in Lake County with his father George Miller, Sr. The Millers also ran a lucrative parlay card business during this time. In 1982, Infelise, Marino, and DeLaurentis decided to take over the Millers’ operation. A meeting was arranged between the Millers, Infelise, Marino, and DeLaurentis. At the meeting, Marino told the Millers that they had to split their business with them. If they did not join the crew, Infelise told them that they would smash their parlay card printing press. Marino further told them that the Ferriola Street Crew was taking over Lake County. After this meeting, the Millers discussed their situation with other bookmakers and learned about DeLaurentis’ reputation as a mob enforcer. At a second meeting with Infelise, Marino, and DeLaurentis, George Miller told them that he would join the crew’s business. Infelise, Marino, and De-Laurentis subsequently took over the Millers’ business on a 50/50 basis and employed George Miller in one of their wire rooms. In 1982, the crew received $75,000 for their 50% interest. After 1982, George Miller basically got out of the parlay card business, but De-Laurentis warned him that if he ever got back into parlay cards again, it had “better be with us.” In the summer of 1983, Roy Salerno, one of George Miller’s bettors, lost $100,000 in baseball wagers to Miller. Miller eventually turned the debt over to Jahoda who in turn advised Infelise about the debt. Infelise told Salerno that he would have to make monthly payments of $1,500 until the debt was paid off. Marino, DeLaurentis, and later, Bellavia collected these payments from Salerno for several years until Infelise “cashed out” the debt for approximately $10,000—$15,000. Miller did not receive any of the money collected by the crew. Income from the crew’s illegal activity was approximately $10 million from 1979 through 1988. Infelise earned close to $2 million from this income. Infelise took numerous steps to conceal the profits he and the crew earned from their illegal activities. For example, Infelise invested $700,000 in cash in a Florida property titled in the name of his mother-in-law. Infelise and Bellavia also proposed another real estate deal to Jahoda in which he hoped to hide his $200,000 investment. Prior to 1986, Bellavia was one of Infelise’s trusted friends and associates. By 1986, Bellavia was a regular crew member who was paid $500 per week. Bellavia was involved in most aspects of the crew’s business. For example, Bellavia was involved in the crew’s juice loan operation. In 1986, Bellavia arranged to receive $5,000 per week from the crew to use for juice loans. If one of Bella-via’s customers failed to make his payment, Bellavia was responsible to the crew for that payment. Bellavia also collected monthly street tax payments from bookmaker Roman Lewis for crew supervisor Gerry Scarpelli during 1986. At one point, Lewis paid $2820 per month. In 1989, after Femóla died and Infelise became the boss of the crew, Infelise promoted DeLaurentis to street boss and Bellavia and Marino to his assistants. Like Infelise, Bellavia went to great lengths to hide his extensive involvement and the income he earned from his participation the crew. For example, Bellavia, Infelise, and Jahoda became involved in the purchase of a partially built condominium project in Addison, Illinois. Bellavia predicted a profit of between $500,000-$800,000 in the first year alone. The profitability of the deal was to be due in large part to Infelise’s ability to influence a corrupt union official to allow non-union labor to be used. A construction loan was also to be arranged through a corrupt banker who would also be sharing in the profits from this real estate venture. Bellavia made it clear to Jahoda that the property would be held in the names of nominees he controlled because “we got to be under the covers.” One of the main reasons for the undercover condominium venture was to create a hidden nest egg in the event that Bellavia, Infelise, and Jahoda went to jail. Bellavia was also involved in the crew’s sports bookmaking business and floating blackjack games. Bellavia acted as a 25% agent for the blackjack games. He also supervised the bookmaking activities of sub-bookmaker Freddie Braun. Braun had been a 50/50 bookmaker supervised by crew member Bucky Ortenzi. When Ortenzi died in 1986, Bellavia became responsible for collecting the crew’s 50% share of Braun’s profits. Bellavia also assisted the business by obtaining mobile telephones and service connections from Michael Frietag, a salesman for Illinois Communications Company. Bellavia referred Frietag to Zitello who, acting under a fictitious name, purchased several mobile telephones and service connections. Frietag later supplied Jahoda with more mobile telephones under a variety of fictitious names. Bellavia also referred Frietag to crew members and bookmakers, including Ferriola, Donald Angelini, Dominic Cortina, Roman Lewis, as well as Anne Infelise, Rocco Infelise’s wife. Bellavia also collected gambling debts for the crew. As previously explained, Roy Salerno, one of bookmaker George Miller’s bettors, lost $100,000 in baseball wagers in the summer of 1983. Salerno’s debt was eventually turned over to Infelise who arranged for Salerno to make monthly $1,500 payments until his debt was paid off. These collections were originally assigned to Marino and De-Laurentis, but they were later taken over by Bellavia. When Bellavia was in California on business, he would have his son, Chuekie Bellavia, pick up Salerno’s payments. Infelise later cashed out Salerno’s debt for approximately $10,000-$15,000. The Objections to the PSIs and The Government’s Motion for Upward Departure A. Joint Objections The jury in this ease found Infelise and Bellavia guilty of Racketeering Act 17(a) which charged them with conspiring to murder Hal Smith. Infelise’s and Bellavia’s probation officers found that, pursuant to U.S.S.G. § (“Section”) 2A2.1, the base offense level for this conviction was 20. The probation officers also assigned defendants enhancements for more than minimal planning, use of a dangerous weapon, and severe bodily injury to the victim of the conspiracy. These enhancements brought Infelise’s and Bellavia’s base offense levels for this conviction up to 31. With the addition of enhancements for being an organizer or leader under Section 3B1.1 and obstruction of justice under Section 3C1.1, the probation officer calculated Infelise’s total adjusted offense level to be 37. With the addition of an enhancement for acting as a manager or supervisor under Section 3B1.1, the probation officer calculated Bellavia’s total adjusted offense level to be 34. The government argues that this court should not rely on Section 2A2.1 in this instance. Rather, the government contends that this court should rely on the current version of the Sentencing Guidelines, Section 2A1.5(e)(l), which provides that the proper offense level for this conviction is 43, the highest offense level established under the sentencing guidelines. Section 2A1.5(c)(l) (Conspiracy or Solicitation to Commit Murder) provides: (a) Base Offense Level: 28 ... (c) Cross References (1) If the offense resulted in the death of a victim, apply § 2A1.1 (First Degree Murder). Under Section 2Al.l(a), the base offense level for First Degree Murder is 43. Since Hal Smith died as a result of the conspiracy to commit his murder as charged in Racketeering Act 17(a), the government argues that this guideline provision should be applied. In the alternative, the government .argues that even if the former version of the sentencing guidelines is applied, additional enhancements should be added which bring Infelise’s and Bellavia’s offense levels for Racketeering Act 17(a) up to 35. With the generally applicable enhancements assigned by the probation officers, Infelise’s total adjusted offense level would be 41 and Bella-via’s would be 38. The government then argues that this court should upwardly depart to a level 43, the highest offense level available under the guidelines, pursuant to Section 5K2.1. Infelise and Bellavia agree with their probation officers that this court should follow the former version of the sentencing guidelines and apply Section 2A2.1. According to Infelise and Bellavia, applying the former version of the guidelines avoids the constitutional questions of double jeopardy which the current version of the guidelines raises. While agreeing with the probation officers that Section 2A2.1 applies, Infelise and Bella-via object to the various enhancements assigned for this offense. Infelise and Bellavia also object to the government’s proposed additional enhancements to Section 2A2.1 and to the government’s motion for an upward departure. While the jury did not reach a verdict on Racketeering Act 17(b) and Count 9 which charged Infelise and Bellavia with murdering Hal Smith, the government’s suggested application of Section 2A1.5 and its motion for an upward departure presume that Smith died as a result of Infelise’s and Bellavia’s actions. When reviewing evidence at sentencing, the Seventh Circuit has clearly established that it is appropriate to apply the preponderance of the evidence standard. See United States v. Masters, 978 F.2d 281, 286-87 (7th Cir.1992); United States v. Duarte, 950 F.2d 1255, 1263 (7th Cir.1991). Based upon this court’s careful review of the evidence presented regarding the conspiracy to murder Hal Smith, this court is persuaded that the government has shown by a preponderance of the evidence that Infelise and Bellavia should be held accountable for Hal Smith’s death. As thoroughly explained in the background section of this opinion, Jahoda testified extensively about the stalking and conspiracy to murder Hal Smith. Jahoda testified that Smith refused to pay the street tax the crew demanded, and it was this refusal which motivated crew members to conspire to murder Smith. Jahoda also testified that, as ordered by Infelise, he brought Smith to his house on February 7, 1985 and left him there with Infelise, Bellavia, and Marino. Jahoda last saw Smith on the kitchen floor in a dazed and slumped manner with Infelise, Bellavia, and Marino standing over him. When Jahoda returned home later that evening, he noticed that part of the kitchen floor had been mopped. Three days later, February 10, 1985, Smith’s body was found in the trunk of his car. During the course of the police investigation into Smith’s murder, Jahoda also participated in various recorded conversations with Infelise and Bellavia regarding their involvement in Smith’s murder. Such extensive evidence is clearly sufficient to prove by a preponderance of the evidence that Smith’s death resulted from the conspiracy to murder him of which Infelise and Bellavia were found guilty. Therefore, despite Infelise’s and Bellavia’s denials, this court finds that Smith’s death can be considered for sentencing purposes. Having determined that there is sufficient evidence demonstrating that Smith’s death was the result of the conspiracy to murder him as charged in Racketeering Act 17(a), the remaining question is how Infelise’s and Bellavia’s sentences should reflect this conclusion. As noted above, the government has suggested two ways to calculate defendants’ sentences to account for Smith’s death. Based on the Seventh Circuit’s recent ruling in Masters, 978 F.2d 281, an extremely similar case, this court finds that both calculations proposed by the government are appropriate. Under Masters, there is also a third way to calculate defendants’ adjusted offense levels which results in the same total offense score. In Masters, defendant had been sentenced by Judge Zagel to 40 years in prison for racketeering activities which ran from protecting bookies to soliciting his wife’s murder. Defendant subsequently requested and was granted the opportunity to be resentenced under the sentencing guidelines. At resentencing, Judge Zagel again sentenced defendant to 40 years in prison, but since this sentence was under the sentencing guidelines, defendant lost the opportunity for parole which was available under his first sentence. Id. at 282. It is the appeal of this guidelines sentence which is so pivotal to this court’s determination in this case. See Masters, 978 F.2d 281. Judge Zagel calculated defendant’s sentence in three ways and each of the three depended to some degree on his finding that defendant was directly responsible for his wife’s murder despite the jury’s failure to answer a special interrogatory asking about the murder. First, Judge Zagel relied on Section 2A2.1 to establish a base offense level of 20. The Judge then added 2 points for more than minimal planning, 9 points for the use of a firearm to inflict bodily injury on defendant’s wife, and 2 points for paying money to other persons in connection with the crime, thus arriving at an offense level of 33 within Section 2A2.1 itself. Then, relying on generally applicable enhancements, Judge Zagel added 2 points because defendant’s wife was physically restrained, 2 points because defendant was the organizer or leader of the conspiracy, and 2 points for obstruction of justice. Since nothing in this computation reflected defendant’s wife’s death and Judge Zagel had determined that defendant was responsible for her death, the Judge concluded that, pursuant to Section 5K2.0, an upward departure of 4 levels to level 43 was appropriate so that defendant would ultimately receive a 40 year sentence. Id. at 283-84. Second, rather than relying on the guideline for conspiracy to commit murder like under the first method, Judge Zagel turned to the guideline for murder, Section 2A1.1. Since the base offense level for murder was 43, Judge Zagel concluded that a sentence of 40 years was appropriate because it came as close to life imprisonment as possible under the circumstances of the case. Id. at 284. Third, Judge Zagel relied on the recent amendment to the sentencing guidelines which moved conspiracy to commit murder from Section 2A1.1 to Section 2A1.5. Under this new section, defendant’s offense level was automatically 43. Id. Upon review of these three calculation methods, the Seventh Circuit stated: “Like the district judge, we conclude that Method 2 is proper. Methods 1 and 3 reinforce this result, demonstrating the (rough) internal consistency of the guidelines.” Id. Moreover, the appellate court stated that the only way for defendant to make any headway in attacking Judge Zagel’s sentence would be to upset the Judge’s finding that defendant was responsible for his wife’s murder. Id. at 285. Defendant argued that it was not appropriate to hold him accountable for his wife’s death when the jury left the special interrogatory regarding whether defendant solicited his wife’s murder and participated in the overall racketeering enterprise blank. The Seventh Circuit responded: Our dispute concerns the selection of a sentence for the crime of conspiracy. A sentence at the top of the statutory range does not punish Masters for a crime he didn’t commit; it uses all available information about his character and dangerousness in choosing the sentence for the crime of which he stands convicted. Judges have been considering defendants’ activities and character since long before there were guidelines, with consistent approval from the highest court. This is one reason why we have held that judges may take other crimes into account when selecting a sentence under the guidelines, even if the defendant has been charged with and acquitted of those crimes. An acquittal means that the charge was not proven beyond a reasonable doubt; it does not mean that the defendant didn’t do it.. Id. at 285-86 (citations omitted). Finally, Masters argued that a more exacting standard than the preponderance of the evidence should be required before he could be held accountable for his wife’s death. However, the Seventh Circuit overruled this argument because it found that the application of this standard at sentencing adequately satisfies the due process clause. Id. at 286 (citing McMillan v. Pennsylvania, 477 U.S. 79, 106 S.Ct. 2411, 91 L.Ed.2d 67 (1986)). The appellate court concluded: “Finding murder by a preponderance of the evidence violated none of Masters’ rights.” Id. at 287. The instant case is strikingly similar to Masters and therefore, this court is bound by the Seventh Circuit’s ruling in that case. Like Masters, Infelise and Bellavia were found guilty of conspiring to murder Hal Smith, but the jury could not reach verdicts on the counts charging them with Smith’s murder. Also like Masters, sufficient evidence has been presented to prove by a preponderance of the evidence that Infelise and Bellavia were responsible for Smith’s death. Given the similarities between Masters and the instant case, this court finds that each guideline calculation method relied upon by Judge Zagel and approved by the Seventh Circuit in Masters is, as the government has suggested, equally applicable to the guideline calculations for Infelise and Bellavia in this case. Applying Judge Zagel’s first method, the base offense level for Section 2A2.1 is 20. The probation officers assigned Infelise and Bellavia an additional 11 points for more than minimal planning, use of a dangerous weapon, and the infliction of permanent or life threatening bodily injury to the victim, all pursuant to Section 2A2.1, which brings defendants’ adjusted offense level for Racketeering Act 17(a) up to 31. Infelise and Bellavia argue that enhancements established under Section 2A2.1 (Assault With Intent to Commit Murder; Attempted Murder) cannot be applied in this instance because defendants were neither charged with nor found guilty of assaulting Smith. This court disagrees. Enhancements for more than minimal planning, use of a dangerous weapon, and degree of bodily injury are applicable where, as here, an assault occurred during the course of a conspiracy to commit murder. The background notes to former Section 2A2.1 provide: Enhancements are provided for planning, weapon use, injury, and commission of the crime for hire. All of the factors can apply in the case of an assault; only the last can apply in the case of a conspiracy that does not include an assault; and none can apply in the case of a mere solicitation. As the government suggests, because the background notes specifically excluded enhancements for planning, weapon use, and bodily injury where the conspiracy did not result in an assault of the victim, by implication, the guidelines intended to include these enhancements when the relevant conduct of the charged conspiracy included an assault on the victim. Sufficient evidence that Hal Smith was assaulted during the course of the conspiracy to murder him has been presented. As explained in the background section of this opinion, Jahoda testified that Smith had been knocked to the floor and was sitting in a dazed state with Infelise, Bellavia, and Mari-no surrounding him when Jahoda left him at his house. The coroner who examined Smith’s body also found that Smith had been tortured because Smith had been beaten about the head and face, he had numerous superficial incisions and cuts in his neck and chest, and his throat was slit. The coroner concluded that none of these cuts were fatal and that Smith died of strangulation. Such evidence adequately proves by a preponderance of the evidence that Smith was assaulted during the course of the conspiracy to murder him. This is all that is required for sentencing purposes. See Masters, 978 F.2d at 286-87; Duarte, 950 F.2d at 1263. In addition, this court notes that the Seventh Circuit has approved the application of such enhancements where a defendant, like Infelise and Bellavia, has been convicted of conspiracy to commit murder. See Masters, 978 F.2d 281. Therefore, this objection to the application of these enhancements is overruled. Infelise and Bellavia also argue that enhancements for use of a dangerous weapon and serious bodily injury are not appropriate because while defendants were charged with murdering Hal Smith, defendants were only found guilty of conspiring to murder him. However, this court has already determined that defendants can be held accountable at sentencing for Smith’s death despite the jury’s inability to reach a verdict on Racketeering Act 17(b) and Count 9 charging defendants with Smith’s murder. See Masters, 978 F.2d at 286-87. Bellavia also argues that the 4 point enhancement assigned by the probation officers for use of a dangerous weapon is inappropriate because Smith died of strangulation and not wounds inflicted by a sharp instrument such as a knife. Bellavia also claims that a rope is not, under the law, a dangerous weapon. Former Section 2A2.1(b)(2)(B) provides for the 4 point increase assigned to Infelise and Bellavia “if a dangerous weapon was otherwise used.” As this language suggests, Section 2A2.1 does not require the weapon to have caused the victim’s death. It only requires the “use” of such a dangerous weapon during the course of the conspiracy. The government has adequately demonstrated that a dangerous weapon was used during the course of the conspiracy to murder Hal Smith. ■ As noted above, the coroner who examined Smith’s body explained at trial that Smith had numerous superficial incisions and cuts in his neck and chest, and that his throat was slit. The coroner’s notes also reflect these findings, often referring - to Smith’s wounds as “stab wounds” and “superficial incised wounds”. The coroner’s findings adequately support the government’s contention that a pick-like instrument and a knife were used in the assault/murder of Hal Smith. This evidence is sufficient to warrant an enhancement for use of a dangerous weapon in this instance. The government argues that in addition to these enhancements, Infelise and Bellavia should receive 2 point enhancements pursuant to Section 2A2.1(b)(4) due to the pecuniary motive for Smith’s murder. Section 2A2.1(b)(4) provides: If a conspiracy or assault was motivated by a payment or offer of money or other thing of value, increase by 2 levels. The evidence adduced at trial adequately demonstrates that the Hal Smith murder conspiracy was based on a pecuniary motive. The government has demonstrated that Smith resisted the crew’s efforts to impose a street tax on his independent bookmaking operation. At one meeting in February or early March 1984, Smith offered to pay the crew half of what DeLaurentis demanded. When DeLaurentis refused this offer, Smith said, “Now you get nothing.” A very loud and public argument about it ensued during which DeLaurentis told Smith that he was going to be “trunk music.” It was after this meeting that defendants began stalking Smith and it was approximately one year later that he was murdered. Such evidence adequately suggests that it was Smith’s refusal to pay the demanded street tax which motivated crew members to conspire to murder Smith. The crew could not let the largest independent bookmaker in the area get away with not paying street tax and flaunting this fact publicly. Not only was the crew losing money on Smith, but it risked having other bookmakers refuse to pay street tax if word got out that Smith was hot forced to pay it. Since the evidence presented demonstrates by a preponderance of the evidence that there was a pecuniary motive behind the conspiracy to murder Hal Smith, this court agrees with the government that Infelise and Bellavia should receive two point enhancements under Section 2A2.1(b)(4). B. Objections Only Applicable to Infelise Infelise objects to the assessment of 4 additional points pursuant to Section 3Bl.l(a) because no evidence has been presented by the government which suggests that he was more than a trusted friend of Ferriola for much of the time at issue. At best, Infelise claims that the evidence presented is only consistent with his being an employee or worker in the gambling business. Infelise further argues that while he “had some leadership role with the Ferriola Street Crew,” it ^was not until 1989 when Ferriola died that defendant became the head of the gambling operation. Since Smith was murdered in 1985 and Infelise claims that there is no evidence that he had a leadership role with respect to Smith’s death, Infelise argues that it is improper to add 4 points to the offense level for his Racketeering Act 17(a) conviction. While Infelise may not have been the boss of the Ferriola Street Crew until Ferriola’s death in 1989, the evidence presented at trial clearly demonstrates that Infelise played an important leadership role in the organization well before that time. As the government points out, the fact that Infelise was Ferriola’s right-hand man hardly diminishes his role as an organizer and leader of the crew. The evidence presented does not indicate that Infelise was merely Ferriola’s trusted friend as he suggests. For example, Jahoda testified at trial that, in the late 1970’s, when he wanted to end his relationship with Sam Sammarco, Sammarco told Jahoda that he would be “assigned” to Infelise, who was putting his own crew together running the crew’s illegal business interests in the north and western suburbs of Chicago. Testimony was also elicited at trial which demonstrates that Infelise was a leader of the crew’s extortionate activities. Kenton Pielet, a former bookmaker for the crew, testified that in early 1980 he was summoned to a meeting with Infelise when one of his bettors fell behind in paying off his wagering debt. Infelise told Pielet that he was responsible for the money and when Pielet laughed, Marino slapped him. Infelise also told Pielet that he would have to pay street tax to continue operating his bookmaking business. Pielet agreed. Pielet also testified that when he wanted to move from Infelise’s to Sam Carlisi’s crew, he had to get both their permission to make the move. According to Pielet, only after Infelise authorized the move was Pielet allowed to work for Carlisi. Pat Gervais testified at trial that in early 1982 he was paying street tax to Victor Spilotro, a boss from another crew. Shortly after he opened a house of prostitution in Lake County, DeLaurentis advised Gervais that he would have to start paying street tax to the Ferriola Street Crew. At a meeting originally set up between Gervais, Spilotro, and Marino, Infelise also showed up. After Spilotro and Infelise had a private conversation, Spilotro, despite having previously told Gervais that he would protect him, told Gervais that he would have to pay the Ferriola Street Crew. After Infelise’s intercession, Gervais began paying street tax to the crew. George Miller also testified at trial that after he and his father began operating an independent bookmaking and parlay card operation in Lake County, Infelise, Marino, and DeLaurentis decided to take over the Millers’ operation. At one meeting, Infelise told Miller that if he did not join the crew, his parlay card printing press would be destroyed. Later, Miller agreed to give the crew 50% of his business. Miller also testified that after he began working for the crew, he learned that the daily profit and loss figures for the crew’s bookmaking business were regularly reported to Infelise. Such' testimony demonstrates Infelise’s consistent involvement and leadership role in key aspects of the crew’s activities for many years before he became the crew boss in 1989. When Infelise said that Gervais had to pay street tax to his crew, Spilotro, the boss of another crew, conceded. When Infelise demanded that Miller join his crew, Miller complied and gave up half of his independent bookmaking profits to the crew. When Pielet wanted to switch to Carlisi’s crew, he was only permitted to do so after Infelise gave his permission. Contrary to Infelise’s denials, the evidence clearly demonstrates that Infelise provided leadership to the Ferriola Street Crew prior to Ferriola’s death and, as he concedes, he ran the crew after Ferriola’s death in 1989. Therefore, this court agrees with the probation officer and the government that Infelise should receive a 4 point enhancement pursuant Section 3B1.1. Infelise’s objection to this assessment is overruled. Infelise also objects to the assessment of 2 points pursuant to Section 3C1.1 for obstruction of justice. Infelise argues that he did not pay “hush money” to grand jury witnesses to keep them from testifying about the crew’s activities. While Infelise concedes that certain persons were jailed for refusing to testify despite having been given immunity, he argues that there is no evidence showing that Infelise told them not to testify or that they would be paid if they did not testify. Infelise characterizes the payments made to persons in jail or their families as “friends ... helping friends who were incarcerated because they decided to be loyal to their friends.” This court is not persuaded by Infelise’s altruistic explanation of the payments because the evidence presented at trial adequately demonstrates that incarcerated persons were paid to protect the crew during the course of the grand jury investigation. F