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

CONTINUING CRIMINAL ENTERPRISE

21 U.S.C. § 848(e)(1)(A)

Title 21, United States Code, Section 848(e) makes it a crime to kill or to counsel,

command, induce, procure, or cause the intentional killing of a person while engaging in or

working in furtherance of a continuing criminal enterprise [engaged in offenses punishable under

Title 21, United States Code, sections 841(b)(1)(A) and 960(b)(1), which are drug trafficking

offenses].

For you to find the defendant guilty of this charge, the government must prove the

following beyond a reasonable doubt:

First: That an individual was intentionally killed;

Second: That the defendant killed the individual or that the defendant counseled

[commanded] [induced] [procured] [caused] the intentional killing of the individual; and

Third: That the defendant did so while engaging in or working in furtherance of a

continuing criminal enterprise [engaged in offenses punishable under Title 21, United States Code,

Section 841(b)(1)(A) or Title 21, United States Code, Section 960(b)(1).]

Title 21 U.S.C. § 841(b)(1)(A) prohibits an individual from knowingly or intentionally

manufacturing [distributing] [dispensing] [possessing with the intent to distribute or dispense] a

controlled substance, or creating [distributing] [dispensing] [possessing with intent to distribute or

dispense] a controlled substances in excess of certain amounts, including ____ (specify substance

and amount).

Title 21 U.S.C. § 960(b)(1) prohibits any person from knowingly or intentionally importing

or exporting controlled substances in excess of certain amounts, including ____ (specify substance

and amount).