United States Tenth Circuit

A conviction for engaging in a continuing criminal enterprise (CCE) under the "drug kingpin" statute and possession with intent to distribute marijuana is affirmed over claims that: 1) that jury instructions improperly lowered the government's burden of proof on the "substantial income" element of the CCE charge; and 2) insufficient evidence existed to suggest that defendant personally obtained substantial income or resources from the enterprise.

Appellate Information

• Decided 02/21/2007
• Published 02/22/2007

Judges

• GORSUCH, Circuit Judge., Before BRISCOE, McCONNELL, and GORSUCH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Scott M. Davidson, Albuquerque, NM, for Defendant-Appellant., Kenneth J. Gonzales, Assistant United States Attorney (David C. Iglesias, United States Attorney, with him on the brief), Albuquerque, NM, for Plaintiff-Appellee.