O102.1 Controlled Substances: Continuing Criminal Enterprise

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

Instruction
O102.1
Statute
21 U.S.C. § 848
Edition
Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026
Official source
Official PDF, page 709

Elements

Quoted word for word from the official text. Eleventh Circuit Pattern Jury Instructions (Criminal Cases), revised July 2026.

The Defendant can be found guilty of this crime only if all the following facts are proved beyond a reasonable doubt:

(1) the Defendant violated the narcotics law[s] charged in count[s] ____;

(2) the violation[s] [was] [were] a part of a continuing series of violations;

(3) the Defendant participated in the continuing series of violations together with at least five other people for whom the Defendant was an organizer, supervisor, or manager; [and]

(4) the Defendant got substantial income or resources from the continuing series of violations[.] [; and]

[(5) the Defendant was a principal administrator, organizer, or leader of the enterprise, and [the weight of the [substance] involved in the crime was at least [threshold]] [the enterprise received at least $10 million in gross receipts in any 12-month period of its existence].]

Related practice page

Federal Drug Conspiracy, Phone Counts & Continuing Criminal Enterprise

Official source: Official PDF, page 709

Official jury instruction text reproduced for information. It is not legal advice; the instruction given in a case depends on the facts and the court.

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