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United States v. Jackson

argued: February 7, 1989.

UNITED STATES OF AMERICA
v.
CARL JACKSON, A/K/A/ "BETTER DAYS", CARL JACKSON, APPELLANT



On Appeal from the United States District Court for the Eastern District of Pennsylvania, D.C.Crim.No. 87-00177-01.

Sloviter, Becker, and Weis, Circuit Judges.

Author: Sloviter

Opinion OF THE COURT

SLOVITER, Circuit Judge

I.

Introduction

Appellant Carl Jackson was convicted on a multi-defendant, multi-count indictment arising out of a widespread conspiracy to import Phenyl-2-Propanone (P-2-P), a controlled substance, and to manufacture and distribute methamphetamine. Jackson was convicted of one count of conspiracy in violation of 21 U.S.C. § 846 (1982) (Count One), one count of importation of P-2-P in violation of 21 U.S.C. §§ 952(a) (Supp. 1987), 960(a) & (b) (2) (1982 & Supp. 1987) (Count Two), three counts of possession of P-2-P with intent to manufacture methamphetamine (Counts Three, Twelve, Thirteen), one count of possession of methamphetamine (Count Ten), and three counts of manufacturing methamphetamine in violation of 21 U.S.C. § 841(a)(1) (1982) (Counts Five, Six, Nine) Finally and most significantly for purposes of this appeal, Jackson was convicted of conducting a continuing criminal enterprise (CCE) in violation of 21 U.S.C. § 848 (1982 & Supp. 1987) (Count Forty).

Jackson received a life sentence without parole on Count Forty, the CCE charge, and a $100,000 fine. Jackson received a five-year sentence on Count One, which merged with the sentence on Count Forty. On each of Counts Two, Three, Five, Six, and Nine he received five-year sentences to run consecutively with each other and to run concurrently with the sentence on Count Forty. Jackson also received a $15,000 fine on each of these counts. On each of Counts Ten, Twelve, and Thirteen Jackson received five-year sentences to run concurrently with each other and concurrently with the sentences on Counts Two, Three, Five, Six, and Nine.

On this appeal, Jackson contests only the convictions on Counts Five, Six, and Forty. His challenge to Counts Five and Six is that the government failed to prove that the conduct charged in those counts occurred within the relevant limitations period. The more serious challenge, directed toward his conviction on the CCE charge, is that the district court erred by failing to give a specific unanimity instruction regarding a statutory element of the CCE charge.

II.

Facts

The government produced overwhelming evidence of Jackson's involvement in the importation of P-2-P and the manufacture and distribution of methamphetamine between 1981 and 1984. Of relevance to this appeal is Jackson's role in the importation of a "drum" of P-2-P from Canada. The government produced substantial evidence that Jackson arranged to have a co-conspirator, Richard Coccoli, ship 200 kilograms of P-2-P from Germany to Canada, and that Coccoli received the P-2-P on April 20 or 21, 1982. Jackson and other co-conspirators, including customs agent David Steinkamp, traveled to Canada and transported the P-2-P to the Philadelphia area on or about April 23, 1982. Rudolph Bors testified that he "cooked" some of the P-2-P obtained from Canada on the upper floor of a building housing a flower shop located in Philadelphia, producing 45 pounds of methamphetamine. This "cook" formed the basis of Count Six. Bors also testified that he subsequently supervised a "cook" at the residence of Albert Kessler, which became the basis for Count Five.

The government produced evidence that Jackson supervised the individuals involved in the transactions described above, as well as numerous other individuals in the transactions which formed the basis of the other substantive counts. There was sufficient evidence that at varying times during the conspiracy Jackson exercised supervisory or managerial authority over more than twenty individuals. ...


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