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RUTLEDGE v. UNITED STATES

No. 94-8769.

517 U.S. 292 (1996)

RUTLEDGE v. UNITED STATES

United States Supreme Court.

Decided March 27, 1996.

Attorney(s) appearing for the Case

Barry Levenstam argued the cause for petitioner. With him on the briefs were Jerold S. Solovy, Avidan J. Stern, and Jacob I. Corré.

James A. Feldman argued the cause for the United States. With him on the brief were Solicitor General Days, Acting Assistant Attorney General Keeney, Deputy Solicitor General Dreeben, and Richard A. Friedman.

Stevens, J., delivered the opinion for a unanimous Court.

Justice Stevens, delivered the opinion of the Court.

A jury found petitioner guilty of participating in a conspiracy to distribute controlled substances in violation of 84 Stat. 1265, as amended, 21 U. S. C. § 846, and of conducting a continuing criminal enterprise (CCE) in violation of § 848. The "in concert" element of his CCE offense was based on the same agreement as the § 846 conspiracy. The question presented is whether it was therefore improper...

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