U.S. v. PINO-PEREZ

No. 88-1507.

870 F.2d 1230 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Tito Juan PINO-PEREZ, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Reargued February 9, 1989.

Decided March 10, 1989.


Attorney(s) appearing for the Case

Richard J. Auerbach, Madison, Wis., for defendant-appellant.

Grant C. Johnson, Asst. U.S. Atty., Patrick J. Fiedler, U.S. Atty., Madison, Wis., for plaintiff-appellee.

Before BAUER, Chief Judge, CUMMINGS, WOOD, Jr., CUDAHY, POSNER, FLAUM, COFFEY, EASTERBROOK, RIPPLE, MANION, and KANNE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.


POSNER, Circuit Judge.

We decided to hear this case en banc, pursuant to Circuit Rule 40(f), in order to decide whether violation of the federal "kingpin" statute, 21 U.S.C. § 848 (Continuing Criminal Enterprises, Title II, § 408, of the Organized Crime Control Act of 1970), is "an offense against the United States" within the meaning of the federal aider and abettor statute, 18 U.S.C. § 2(a). That statute provides: "Whoever commits an offense against...

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