Criminal Continuing Enterprise Conviction Affirmed
U.S. v. Torres-Laranega, --- F.3d ----, 2007 WL 521185 (10th Cir. Feb. 21, 2007).
On a continuing criminal enterprise (CCE) conviction, no plain error in the jury instructions on the “substantial income or resources” element of the offense, and the instructions did not allow the jury to find that the D derived his “substantial income” simply by virtue of having been a manager of the scheme.
Evidence was sufficient to prove D obtained “substantial income” from a continuing series of violations as a whole (it is not necessary that the government prove substantial income from each violation). Read the opinion for fine points in CCE proof issues regarding charged violations and direct and circumstantial evidence of income from the enterprise. Court rejected what seemed to be a gross vs. net income argument made by D.
On a continuing criminal enterprise (CCE) conviction, no plain error in the jury instructions on the “substantial income or resources” element of the offense, and the instructions did not allow the jury to find that the D derived his “substantial income” simply by virtue of having been a manager of the scheme.
Evidence was sufficient to prove D obtained “substantial income” from a continuing series of violations as a whole (it is not necessary that the government prove substantial income from each violation). Read the opinion for fine points in CCE proof issues regarding charged violations and direct and circumstantial evidence of income from the enterprise. Court rejected what seemed to be a gross vs. net income argument made by D.
posted by Anonymous at 10:12 AM
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