United States v. Ailemen

MEMORANDUM**

A jury found Pius Alemen guilty of conspiracy to distribute heroin and cocaine (21 U.S.C. § 846), engaging in a continuing criminal enterprise (CCE) (21 U.S.C. § 848), and distributing or aiding and abetting in the distribution of heroin (21 U.S.C. § 841(a)(1); 18 U.S.C. § 2). The district court vacated two of the counts at sentencing pursuant to Rutledge v. United States, 517 U.S. 292, 116 S.Ct. 1241, 134 L.Ed.2d 419 (1996), and sentenced Alemen on the CCE count to a term of imprisonment and supervised release. Alemen asks us to reverse his conviction, arguing that the district…