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UNITED STATES v. MONTAGUE

18-2975.

84 F.4th 533 (2023)

UNITED STATES of America, Appellee, v. Colin MONTAGUE, Defendant-Appellant, Charlton Osborne, Antoine Shannon, Collin Thomas, Clive Hamilton, Alyssa Sprague, Jara Jenkins Carmichael, Rachel Vail, David Caesar, Sheldon Palmer, Jermaine Swaby, Michael Mosgrove, Lou Perry Slaughter, Akil Lazarus, Clueth Burton, Montague Enterprises, Inc., Defendants.

United States Court of Appeals, Second Circuit.

October 18, 2023.

Attorney(s) appearing for the Case

For Appellee: Robert Marangola , Assistant United States Attorney ( Tiffany H. Lee , Assistant United States Attorney, on the brief), for James P. Kennedy, Jr. , United States Attorney for the Western District of New York.

For Defendant-Appellant: Michael Joseph Witmer , Law Office of Michael Joseph Witmer, Rochester, NY.

Myrna Pérez, Circuit Judge, joined by Eunice C. Lee, Beth Robinson, Alison J. Nathan, and Sarah A. L. Merriam, Circuit Judges, dissenting by opinion in the denial of rehearing en banc.

Colin Montague was charged with and convicted of operating a "continuing criminal enterprise" ("CCE"), in violation of 21 U.S.C. § 848. Conviction for a CCE requires...

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