United States v. Paul Williams

MEMORANDUM

Appellant Mikado Thompson was the leader of a multi-state marijuana trafficking organization, and Appellant Paul Williams was a long time participant in the organization. A jury convicted Thompson of running a continuing criminal enterprise (“CCE”), and convicted Williams of conspiring to distribute marijuana. Williams was sentenced to 121 months. Thompson challenges the validity of his CCE conviction. Williams challenges his conviction and sentence.

Because the parties are familiar with the facts, we recite them only as necessary to illuminate our disposition. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

A. Thompson

1. To convict on a CCE charge, the government must prove, among other elements, that the defendant (1) engaged in a continuing series of narcotics offenses and (2) organized, supervised, or managed five or more persons in the course of the enterprise. See United States v. Fuchs, 218 F.3d 957, 962-63 (9th Cir.2000); United States v. Sterling, 742 F.2d 521, 525 (9th Cir.1984). Thompson argues that the indictment charging him with the CCE violation was constructively amended by the introduction of evidence at trial of uncharged predicate…