9th Cir. Model Jury Instr. (Criminal) 12.17

The defendant is charged in [Count _______ of] the indictment with engaging in a continuing criminal enterprise in violation of Section 848 of Title 21 of the United States Code. For the defendant to be found guilty of that charge, the government must prove each of the following elements beyond a reasonable doubt:

First, the defendant committed the violation[s] of [specify drug law violation] [as charged in [Count[s] _______ of] the indictment];

Second, the violation[s] [was] [were] part of a series of three or more violations committed by the defendant over a definite period of time, with the jury unanimously finding that the defendant committed each of at least three such violations;

Third, the defendant committed the violations together with five or more other persons. The government does not have to prove that all five or more of the other persons operated together at the same time, or that the defendant knew all of them;

Fourth, the defendant acted as an organizer, supervisor, or manager of the five or more other persons; and

Fifth, the defendant obtained substantial income or resources from the violations.

“Income or resources” means receipts of money or property.