SMITH

v.

AVANCE ET AL.

Citator

Cited By (14 total)

• Domingo Bejerano v. State, 760 So. 2d 218 (Fla. 5th DCA 2000)
  …s not necessary to prove an enterprise has a distinct formalized structure, and that it can encompass an informal criminal network, which is engaged in racketeering activity. See also United States v. DeRosa, 670 F. 2d 889. (9th Cir.), cert. denied, 459 U.S. 993, 103 S.Ct. 353, 74 L.Ed.2d 391 (1982). In Boyd, the third district adopted the Riccobene language that a showing of an ongoing, structured, criminal association is required to prove the existence of an enterprise. In his concurring opinion, Judge C…
• United States v. Douglass, 780 F.2d 1472 (9th Cir. 1986)
  …same offense in several different counts.’ ’’ United States v. De-Rosa, 670 F. 2d 889, 895 (9th Cir.) (quoting United States v. Bartemio, 547 F. 2d 341, 345 (7th Cir.), cert. denied, 419 U.S. 994, 95 S.Ct. 305, 42 L.Ed.2d 266 (1974)), cert. denied, 459 U.S. 993, 103 S.Ct. 353, 74 L.Ed.2d 391 and 459 U.S. 1014, 103 S.Ct. 372, 74 L.Ed.2d 507 (1982). When concurrent sentences have been imposed in such a case, the error may be remedied on appeal by vacating the convictions of all but one of the multiplicitous…
• United States v. Perholtz, 842 F.2d 343 (D.C. Cir. 1988)
  …1098, 106 S.Ct. 1499, 89 L.Ed.2d 899 (1986); United States v. Hewes, 729 F. 2d 1302, 1310-11 (11th Cir.1984), cert. denied, 469 U.S. 1110, 105 S.Ct. 790, 83 L.Ed.2d 783 (1984); United States v. DeRosa, 610 F. 2d 889, 895-96 (9th Cir.), cert. denied, 459 U.S. 993, 103 S.Ct. 353, 74 L.Ed.2d 391 (1982). Judge Gesell instructed the jury as follows: An enterprise may be a group of people, partnerships and corporations that become associated together in an organized continuing unit for a common purpose of engag…