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U.S. v. MUHAMMAD

No. 674, Docket 86-2291.

824 F.2d 214 (1987)

UNITED STATES of America, Appellee, v. Ishmael MUHAMMAD, a/k/a Samuel Jones, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 28, 1987.

Attorney(s) appearing for the Case

Bruce A. Green, Asst. U.S. Atty. for S.D.N.Y. (Rudolph W. Giuliani, U.S. Atty. for S.D.N.Y., Margaret S. Groban, Asst. U.S. Atty. for S.D.N.Y., of counsel), for appellee.

Michael Young, New York City, for defendant-appellant.

Before PRATT and MINER, Circuit Judges, and CHARLES H. TENNEY, Senior Judge of the United States District Court for the Southern District of New York, sitting by designation.

GEORGE C. PRATT, Circuit Judge:

The only significant issue on this appeal is whether the double jeopardy clause of the fifth amendment bars separate judgments of conviction and imposition of cumulative punishments for supervising a continuing criminal enterprise ("CCE") engaged in narcotics distribution in violation of 21 U.S.C. § 848 and for conspiring to engage in an illegal racketeering enterprise in violation of the Racketeer Influenced and Corrupt Organizations...

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