5th Cir. Pattern Jury Instr. (Criminal) 2.98A

21 U.S.C. § 848

Title 21, United States Code, Section 848, makes it a crime for anyone to engage in a

continuing criminal enterprise.

For you to find the defendant guilty of this crime, you must be convinced that the

government has proved each of the following beyond a reasonable doubt:

First: That the defendant violated the Controlled Substances Act as charged in Counts

______________ of the indictment;

Second: That such violations were part of a continuing series of violations, which means

at least three violations of the Controlled Substances Act as charged in Counts ______________

of the indictment. These violations must be connected together as a series of related or ongoing

activities as distinguished from isolated and disconnected acts. You must unanimously agree on

which of these underlying violations has been proved;

Third: That the defendant obtained substantial income or resources from the series of

violations; and

Fourth: That the defendant undertook such violations in concert with five or more other

persons with respect to whom the defendant occupied a position of organizer, supervisor, or

manager. The five other persons need not have acted at the same time or in concert with each other.

You need not unanimously agree on the identity of any other persons acting in concert with the

defendant so long as each of you finds that there were five or more such persons.

The term “substantial income or resources” means income in money or property that is

significant in size or amount as distinguished from some relatively insignificant, insubstantial, or

trivial amount.

The term “organizer, supervisor, or manager” means that the defendant was more than a

fellow worker and that the defendant either organized or directed the activities of five or more

other persons. The defendant need not be the only organizer or supervisor , and the “five or more

persons” may include persons who are indirectly subordinate to the defendant through an

intermediary.