United States v. Gerald Caperell

Gerald Caperell appeals his conviction and sentence for engaging in a continuing criminal enterprise in violation of 21 U.S.C. §§ 848 (b)(1) and (b)(2)(A). Caperell presents three arguments on appeal: (1) the indictment failed to state an offense; (2) the government breached the plea agreement; and (3) the sentencing court violated Caperell’s due process rights. We reject these challenges and affirm.

BACKGROUND

Caperell was charged in sixteen counts of a nineteen count superseding indictment. The charges related to Caperell’s involvement in the manufacture, distribution and possession of methamphetamine. Pursuant to negotiations, Caperell entered a guilty plea to Count 2 of the indictment. Count 2 originally charged Caperell with engaging in a continuing criminal enterprise during the period from May 1, 1987, to January 25, 1989. According to the terms of the plea agreement, the government amended Count 2 to shorten the duration of the charged criminal enterprise. By the amendment, the criminal enterprise terminated on November 17, 1988.

As part of the plea agreement, the government also agreed that it would “not make a recommendation as to a specific sentence defendant…