Continuing Criminal Enterprise Statute

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The Continuing Criminal Enterprise Statute (commonly referred to as CCE Statute or Kingpin Statute) is a

United States federal law that targets large-scale drug traffickers who are responsible for long-term and elaborate drug conspiracies. Unlike the RICO Act, which covers a wide range of organized crime enterprises, the CCE statute covers only major narcotics organizations. CCE is codified as Chapter 13 of Title 21 of the United States Code, 21 U.S.C. § 848. The statute makes it a federal crime to commit or conspire to commit a continuing series of felony violations of the Comprehensive Drug Abuse Prevention and Control Act of 1970 when such acts are taken in concert with five or more other persons. For conviction under the statute, the offender must have been an organizer, manager, or supervisor of the continuing operation and have obtained substantial income or resources from the drug violations.[1]

The sentence for a first CCE conviction is a

death. Probation, parole, and suspension of the sentence are prohibited.[2][3]

Famous cases

Black Mafia Family

The Black Mafia Family was a major cocaine distribution organization led by brothers Demetrius "Big Meech" Flenory and Terry "Southwest T" Flenory. Originally from the streets of Southwest Detroit, the brothers started selling $50 bags of crack in high school and by the early 1990s were distributing thousands of kilograms of cocaine in over 21 states.[4]

Rayful Edmond III

anonymous jury in the District's history. Furthermore, jurors were kept behind bulletproof glass in the courtroom and the defendant, Edmond, was housed at the U.S. Marine Base at Quantico and flown in daily on military transport.[5]

Larry Hoover

Larry Hoover was the founder of the Gangster Disciples street gang and was alleged to be its leader despite being in prison since 1973. On August 31, 1995, Hoover was arrested by federal agents at the Vienna Correctional Center and moved to MCC Chicago, being charged with Continuing Criminal Enterprise and a host of other charges related to gang activity. He is currently serving a life sentence at the super-maximum security facility in ADX Florence in Florence, Colorado.[6]

Tijuana Cartel

Several leaders of the Tijuana Cartel all would eventually have CCE charges brought against them for cocaine, heroin, methamphetamine, and marijuana trafficking offenses; as well as numerous murders. All brothers involved in the cartel are now either dead, or in prison.[7][8]

Augusto Falcon and Salvador Magluta

supermax federal prison facility in Florence, Colorado. In 2010, after Magluta's attorney, Paul Petruzzi, sued the Federal Government, Magluta was transferred out of ADX Florence. Federal agents involved in the case say there are few drug traffickers in history more successful or well-known than Magluta and Falcon. Magluta is currently seeking a new trial based on over 40 legal violations. He is presently represented by Paul Petruzzi and Richard Klugh.[10]

Felix Mitchell

Rolls-Royce limousines trailed the horse-drawn carriage that carried his body. Many celebrities and over 1,000 people attended the elaborate funeral, which received international media coverage.[11]

Ross William Ulbricht

Ross William Ulbricht was indicted under the Continuing Criminal Enterprise statute, along with other offenses, for running the Silk Road online marketplace.[12] On February 4, 2015, he was found guilty on all counts.[13] On May 29, 2015, Ulbricht was sentenced to two life sentences plus 40 years without the possibility of parole.[14]

Joaquin Guzman

marijuana,[15] and heroin throughout the US. He was charged with 27 separate violations and the jury decided that he was guilty of 25.[16] Guzmán was imprisoned at ADX Florence, a supermax prison in Colorado, after he was sentenced on July 17, 2019.[17]

See also

References

  1. ^ Carlson, K (1993). "Prosecuting Criminal Enterprises". National Criminal Justice Reference Series. United States: Bureau of Justice Statistics Special Report: 12. Retrieved December 28, 2009.
  2. ^ "Continuing Criminal Enterprise | Chicago Crime Lawyer David L. Freidberg". www.chicagocriminallawyer.pro. Retrieved 2022-12-07.
  3. ^ "21 U.S. Code § 848 - Continuing criminal enterprise". LII / Legal Information Institute. Retrieved 2022-12-07.
  4. ^ "Black Mafia Family Members Sentenced To 30 Years". DEA. September 12, 2008. Archived from the original on 16 September 2011. Retrieved 1 January 2010.
  5. ^ "USA v. RAYFUL EDMOND, III" (PDF). Court of Appeals, District of Columbia. 28 April 1995. pp. 1–39. Archived from the original (PDF) on 21 January 2013. Retrieved 1 January 2010.
  6. ^ "Larry Hoover & The Gangster Disciples". DEA. 1997. Archived from the original on 17 August 2012. Retrieved 1 January 2010.
  7. ^ "Mexico seizes top drugs suspect". BBC News. 27 October 2008. Retrieved 1 January 2010.
  8. ^ "Leader and Senior Lieutenant of Arellano-Felix Organization Plead Guilty to Criminal Charges". DEA. 18 September 2007. Archived from the original on 4 July 2013. Retrieved 1 January 2010.
  9. ^ DeFede, Jim (14 December 1995). "The Best Defense Money Can Buy". Miami New Times. Archived from the original on 2014-02-01. Retrieved 2014-01-29.
  10. ^ "Inside The Cartels Of The Real "Miami Vice"". America's Most Wanted. Archived from the original on 13 December 2010. Retrieved 22 February 2010.
  11. ^ "The Paradox of Felix Mitchell Junior". Oaklandish. Archived from the original on 7 March 2008. Retrieved 27 April 2010.
  12. ^ "Ross Ulbricht indicted for Silk Road narcotics trafficking, hacking". ars technica. 4 February 2014. Retrieved 19 June 2014.
  13. ^ Weiser, Benjamin (4 February 2015). "Man Behind Silk Road Website Is Convicted On All Counts". The New York Times. Retrieved 4 February 2015.
  14. ^ "Silk Road operator Ross Ulbricht sentenced to life in prison". the Guardian. 2015-05-29. Retrieved 2021-05-29.
  15. ^ "Where 7 Mexican drug cartels are active within the U.S." Washington Post.
  16. ^ Hamilton, Keegan (February 12, 2019). "Breaking: El Chapo found guilty, faces life in U.S. prison". VICE.
  17. ^ Gearty, Robert (February 13, 2019). "'Alcatraz Of The Rockies' awaits El Chapo's possible arrival; inmates include Boston bomber and Ted Kaczynski". Fox News.

External links

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