United States v. Kimbel A. Lemaux

Kimbel LeMaux appeals his conviction of conducting a continuing criminal enterprise in violation of 21 U.S.C. § 848 . A CCE violation requires, inter alia, proof that the accused took part in three or more predicate offenses and supervised five or more persons in the alleged illegal narcotics activity. United States v. Hernandez-Escarsega, 886 F.2d 1560, 1573 (9th Cir.1989), cert. denied, 497 U.S. 1003 , 110 S.Ct. 3237 , 111 L.Ed.2d 748 (1990). We have dealt with other aspects of this case in an unpublished memorandum issued separately. Here we focus on LeMaux’s contention that the jury should have been instructed that it must agree unanimously on the supervisees and on predicate acts necessary to constitute a continuing criminal enterprise. We affirm the conviction.

EVIDENCE

The evidence submitted at trial by the government showed the following:

Between 1982 and 1988 Kimbel LeMaux (sometimes known simply by his unusual first name Kimbel or as K) was in the business of buying and selling drugs, in particular cocaine and marijuana in quantity. As to the specific predicate acts charged in the indictment, three of which the government had to establish to convict him of conducting…