United States v. Robert J. Miskinis

Robert J. Miskinis appeals his conviction and sentence for engaging in a continuing criminal enterprise, in violation of 21 U.S.C. § 848 ; conspiracy to aid and abet the manufacture of methamphetamine and possession of methamphetamine with intent to distribute, in violation of 21 U.S.C. §§ 841 (a)(1) and 846; aiding and abetting the manufacture of methamphetamine, in violation of 21 U.S.C. § 841 (a)(1) and 18 U.S.C. § 2 ; and aiding and abetting interstate travel in aid of racketeering enterprises, in violation of 18 U.S.C. §§ 2 , 1952(a)(8). We hold that section 848 of Title 21, the federal “kingpin” statute, may be applied to one whose criminal conduct consists solely of aiding and abetting the criminal conduct of others, if that individual is otherwise a kingpin in his own right, and if the criminal conduct aided and abetted itself qualifies under that section. We further conclude that the facts pertaining to Miskinis’s ineffective assistance of counsel claim are insufficiently developed to allow consideration of that claim on direct appeal.

I

In June, 1978, Miskinis attended a lecture given by DEA Agent William Yout about the DEA’s precursor chemical control program. After…