Controlled Substances: Continuing Criminal Enterprise

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Multi-State
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US-JURY-11THCIR-O102-1-CR
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Word
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Description

Pattern Jury Instructions from the 11th Circuit Federal Court of Appeals. For more information and to use the online Instruction builder please visit http://www.ca11.uscourts.gov/pattern-jury-instructions

Controlled Substances: Continuing Criminal Enterprise is an offense defined by federal law and punishable by up to life in prison. It is a violation of the Controlled Substances Act and involves the commission of three or more felonies related to the distribution of controlled substances. It is also referred to as “kingpin” or “kingpin statute” because it is designed to target the leaders of large drug trafficking operations. There are two types of Controlled Substances: Continuing Criminal Enterprise: 1. Traditional CCE: This type of CCE involves the commission of three or more felonies related to the distribution of controlled substances, such as manufacturing, distributing, or possessing with intent to distribute controlled substances. 2. Narcotics CCE: This type of CCE involves the commission of three or more felonies related to the distribution of controlled substances, such as manufacturing, distributing, or possessing with intent to distribute controlled substances, with the intent to obtain substantial financial gain or to cause a substantial financial loss to another person.

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FAQ

Defending Against CCE And RICO Charges for a larger number of crimes, the penalties for violating these laws can be particularly severe. RICO provides for up to 20 years in prison per count; CCE mandates a minimum of 20 years per count, up to life imprisonment, along with fines up to $2 million.

The Continuing Criminal Enterprise Statute (commonly referred to as CCE Statute or The Kingpin Statute) is a Federal law that targets large-scale drug traffickers who are responsible for long-term and elaborate drug conspiracies.

Title 21 U.S.C. § 848 provides a 20-year minimum mandatory penalty for the first conviction, a 30-year minimum mandatory penalty for a second conviction, and a mandatory life sentence for principal administrators of extremely large enterprises.

But what do we mean by ?criminal enterprise?? The FBI defines a criminal enterprise as ?a group of individuals with an identified hierarchy, or comparable structure, engaged in significant criminal activity.? Typically, we think of drug cartels, racketeering enterprises, or even the Gestapo.

The continuing criminal enterprise statute provides expanded opportunities for the government to investigate, prosecute, and punish persons involved in distributing illegal drugs.

The Continuing Criminal Enterprise Statute (commonly referred to as CCE Statute or The Kingpin Statute) is a Federal law that targets large-scale drug traffickers who are responsible for long-term and elaborate drug conspiracies.

The Crime of Continuing Criminal Enterprise Defined The CCE Statute makes it a federal crime for anyone to commit or conspire to commit a series of felony violations of the Comprehensive Drug Abuse Prevention and Control Act of 1970 when these acts are taken by five or more persons.

More info

Often referred to as the "Kingpin Statute," this law targets individuals and organizations that traffic controlled substances on a large scale. The Continuing Criminal Enterprise Statute was passed in 1970 as a part of a comprehensive legislative movement aimed at drug abuse prevention and control.The federal crime of continuing criminal enterprise essentially targets people who engage in largescale and elaborate drug conspiracies. Unlawful Manufacturing. Distribute a controlled substance or an imitation controlled substance. (conspiracy to distribute controlled substance); United States v. The Act consisted of three sections detailing how to regulate drugs and controlled substances throughout the United States. While somewhat similar to the Racketeer Influenced and Corrupt Organizations Act (RICO), the CCE Statute only applies to large narcotics traffickers. In 1970, Congress passed the Comprehensive Drug Abuse Prevention and Control Act, also known as the Controlled Substances Act. Use of that controlled substance on a continuous basis.

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Controlled Substances: Continuing Criminal Enterprise