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United States Tenth Circuit


US v. ALMARAZ, 01-2049

The continuing criminal enterprise statute, 21 U.S.C. section 848, in light of Richardson v. U.S., 526 U.S. 813 (1999), does not require proof that defendant organized, supervised, or managed five or more persons during the course of the three predicate offenses.

Appellate Information

  • Decided 09/23/2002
  • Published 09/23/2002

Judges

  • BRORBY, Circuit Judge., Before TACHA, Chief Circuit Judge, BRORBY, Senior Circuit Judge, and RUSSELL, District Judge.

Court

  • United States Tenth Circuit

Counsel

  • For Appellees:
  • James T. Martin (David C. Iglesias, United States Attorney, with him on the brief), Assistant United States Attorney, Las Cruces, New Mexico, for Plaintiff-Appellee., Richard Winterbottom, Assistant Federal Public Defender, Albuquerque, New Mexico, for Defendant-Appellant.
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