United States v. Eiland

The federal government (plaintiff) prosecuted Gerald Eiland and Frederick Miller (defendants) for engaging in a continuing criminal enterprise (CCE), in violation of 21 U.S.C. § 848, and for other crimes they allegedly committed as drug-trafficking kingpins. The elements of the CCE offense were: (1) the commission of a narcotics-related felony, (2) as part of continuing series of violations, (3) in concert with five or more persons, (4) for whom the defendant acted as an organizer or supervisor, and (5) from which the defendant derived substantial income or resources. As to Miller, the trial evidence established that he organized Tyrone and Timothy Thomas's interstate transportation of drug-purchase money and cocaine and directed the pair's location and recovery of a lost cocaine shipment. Miller ordered Charles Brown to assist the Thomases in recovering the cocaine. On a few occasions, Miller also gave Darius Ames drug money and directed Ames's movements as Eiland's "gofer." A federal agent testified that Miller's cousin, Jay Ingram, acted as a lieutenant in the Eiland-Miller operation and obtained the drug PCP from Miller. Federal agents also intercepted a phone call from Eiland to Miller, in which Eiland asked Miller about Ingram's whereabouts and Miller responded that Ingram was with him. Agents once observed a meeting between Eiland, Miller, and Ingram outside a takeout restaurant. The jury convicted Miller on all the CCE counts relating to the Thomases, Brown, and Ames. The jury acquitted Miller on the Ingram PCP count, but nevertheless found Miller guilty of supervising Ingram's drug-related activities. Miller appealed to the Court of Appeals for the District of Columbia.