United States v. Gil

LAWRENCE J. VILARDO, UNITED STATES DISTRICT JUDGE

In United States v. Joyner , 313 F.3d 40, 48 (2d Cir. 2002), the Second Circuit said *443in dicta that an indictment charging a continuing criminal enterprise ("CCE") offense "was flawed in that it did not identify with specificity the three violations necessary to form a CCE offense." But earlier that same year, in United States v. Flaharty , 295 F.3d 182, 197 (2d Cir. 2002), the Second Circuit observed that "we have held that an indictment that does not identify which of many alleged felonies constituted the [CCE] series is not thereby…