Defendants’ drug convictions and sentences are affirmed in part, where the District Court’s RICO instructions were adequate because they required that the members of the alleged RICO enterprise shared a common purpose, that they interacted or associated in some way to advance this shared purpose, and that the members of the enterprise so functioned long enough to complete a pattern of racketeering activity; but reversed in part, where Defendants’ convictions for both drug conspiracy and for participating in a continuing criminal enterprise amounted to double jeopardy.
Read US v. Hutchinson, No. 07-1204
Appellate Information
Filed July 27, 2009
Judges
Opinion by Judge Gorsuch
Counsel
For Appellants:
Howard A. Pincus, Assistant Federal Public Defender, Denver, CO
Raymond P. Moore, Assistant Federal Public Defender, Denver, CO
For Appellees:
James C. Murphy, Assistant United States Attorney, Denver, CO
Troy A. Eid, United States Attorney, Denver, CO
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