United States v. Gary Jerome

Gary Jerome appeals his conviction of engaging in a continuing criminal enterprise in violation of 21 U.S.C. § 848 , his conviction of conspiracy in violation of 21 U.S.C. § 846 and various related drug felonies. We affirm all his convictions with the exception of his conviction for engaging in a continuing criminal enterprise. The pivotal issue in reversing this conviction is whether Jerome was shown to have acted in concert with five persons whom he organized.

BACKGROUND

Gary Jerome was a dealer in narcotics in the San Francisco and Lake Tahoe area for at least 10 years prior to his arrest in 1986. He bought from wholesalers and then dispensed drugs to a variety of purchasers who included, among others, the employees of Lucky Stores holding an annual party, a substantial number of the members of the medical staff of Lake Tahoe Hospital and, eventually, undercover agents of the Drug Enforcement Administration (DEA).

Beginning in 1984 John Wooster was a major supplier of Jerome. Wooster in turn received his drugs from Frank Sanders, Oscar Larrozolo and Ed Devaney. Beginning in 1985 Jerome was also supplied with drugs by Joe Kinney and his wife Monica. They in turn obtained…