Substantial income from criminal enterprise may be inferred from defendant’s position in organization and volume of drugs handled
STATUTORY CONSTRUCTION United States v. Torres-Laranega, No. 05-2302, ___ F.3d ___ (10th Cir. Feb. 21, 2007)(New Mexico). Appeal of conviction for engaging in continuing criminal enterprise and possession with intent to distribute 1,000 kilograms of marijuana in violation of 21 U.S.C. §§ 848(a), 841(a)(1) and 841(b)(1)(A). HELD: District court did not err by instructing jury that it could find defendant derived “substantial income or resources” from criminal enterprise through use of circumstantial evidence of defendant’s position in criminal organization and volume of drugs handled by organization. Neither Defendant’s high position nor volume of drugs handled by organization is direct proof that defendant derived substantial income from enterprise, but evidence of these facts permits permissible and common sense inference of substantial income accruing to defendant. Read the opinion here. |
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