United States v. Sutton

EDWARDS, Chief Judge.

This appeal has been heard en banc before the United States Court of Appeals for the Sixth Circuit. The case was originally heard by a three-judge panel of this court which reversed the convictions of the appellants involved herein by a 2-1 vote. A motion for rehearing en banc filed by the United States was granted by majority vote of the full court.

I. THE TITLE IX “ENTERPRISE” ISSUE

A. Introduction

The principal issue posed in this case is whether or not a major criminal statute, Title IX of the Organized Crime Control Act of 1970, 18 U.S.C. § 1961 et seq. (1976), adopted…