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.
Filed July 27, 2009
Opinion by Judge Gorsuch
James C. Murphy, Assistant United States Attorney, Denver, CO
Troy A. Eid, United States Attorney, Denver, CO