Fill and Sign the Jury Instruction Criminal Form

393 76.1 Controlled Substances (Continuing Criminal Enterprise) 21 USC § 848 Title 21, United States Code, Section 848, makes it a Federal crime or offense for anyone to engage in what is called a "continuing criminal enterprise" involving cont rolled substances. The Defendant can be found guilty of that offense only if all of the following facts are proved beyond a reasonable doubt: First: That the Defendant violated [Section 841(a)(1)] [Section 952(a)] as charged in Counts of the Indictment, respectively; Second: That such violations were a part of a "continuing series of violations, " as hereafter defined; Third: That such "continuing series of violations" were undertaken by the Defendant in concert or together with at least five (5) or more other persons with respect to whom the Defendant occupied the position of an organizer, supervisor or manager; and Fourth: That the Defendant obtained substantial income or resources from the "continuing series of violations. " A "continuing series of violations" means proof of at least three violations of the Federal controlled substances laws, as charged in Counts of the indictment , and also requires a finding that those violations were connected together as a series of related or on-going activities as distinguished from isolated and disconnected acts. It must also be proved that the Defendant engaged in the "continuing series of violations" with at least five or more other persons, whether or not those persons are named in the indictment and whether or not the same five or more persons participated in each of the violations, or participated at different times. And, it must be proved that the Defendant' s relationship with the other five or more persons was that of an organizer, supervisor or manager - - that the Defendant was more than a fellow worker and either organized or directed the activities of the others, whether the Defendant was the only organizer or supervisor or not. Finally, it must be proved that the Defendant obtained "substantial income or resources" from the continuing series of violations, meaning that the Defendant' s income from the violations, in money or other property, must have been significant in size or amount as distinguished from some relatively insubstantial, insignificant or trivial amount. ANNOTATIONS AND COMMENTS 21 USC § 84 8(c) provides: . . . a person is engaged in a continuing criminal enterprise if - -( 1) he violates any provision of [sections 801 through 966] the punishment for which is a felony, and (2) such violation is a part of a continuing series of violations of [sect ions 8 01 through 96 6] - -( A) which are undertaken by such person in concert with five or more other persons with respect to whom such person occupies a position of organizer, a supervisory position, or any other position of management, and (B) from which such person obtains substantial income or resources. Maximum Penalty: Not less than twenty (20) years and up to life imprisonment, and $2 million ($5 million for defendants other than individuals) for first conviction; not less than thirty (30) years and $4 million fine ($10 million for entities) for subsequent convictions under this Tit le. 2 1 USC § 84 8(a). Mere buyer-seller relationship does not satisfy management requirement; organizer is one who arranges the activities of others into an orderly operation. U. S. V. Witek, 61 F.3d 819, 821-24 (11th Cir. 1995), cert. denied, 116 S.Ct. 738 (1996). The Government must prove at least three felony narcotics violations to establish a continuing series of violations. U. S. V. Church, 955 F.2d 688, 695 (11th Cir. 1992), cert. denied, U.S. , 113 S.Ct. 233 (1992); U. S. V. Alvarez-Moreno, 874 F.2d 1402, 1408-09 (11th Cir. 1989), cert. denied, 494 U. S. 1032, 110 S.Ct. 1484, 108 L.Ed.2d 620 (1990).