James “Frank” Wheeler of Indianapolis, appealed his conviction, arguing that he was essentially convicted on the same charges at an earlier trial in Florida.
The 6th U.S. Circuit Court of Appeals in Cincinnati agreed and overturned his racketeering conviction. Wheeler, though, won’t be getting out of prison because he is still serving a life sentence for a drug conviction.He also was sentenced to 16 1/2 years in prison for racketeering and other crimes in Florida.
After Wheeler’s conviction in Ohio, U.S. District Judge David Katz said Wheeler created an atmosphere of evil and ruled an organization of crime, fear and violence.
In 1999, Wheeler took control and oversaw the operation in Ohio, Indiana, Kentucky and Oklahoma, threatening and assaulting rivals to protect the territory.
The Outlaws were one of the nation’s four largest motorcycle gangs, along with the Hell’s Angels, Pagans and Bandidos. The Outlaws have chapters in 21 states, Europe, Canada and Australia.The appeals court on Friday also overturned the racketeering and conspiracy convictions of Gregory Driver and ordered that he be resentenced on a drug conspiracy charge. The court said there was not enough evidence to convict him.
The court also upheld convictions but ordered new sentences for Gary Hohn, former president of the Dayton chapter; David Mays, former national enforcer; Patrick Puttick; and Jason Fowler.
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