294
Opinion of the Court
for a separate offense and must be vacated under Ball, 470 U. S., at 864. P. 307. 40 F. 3d 879, reversed and remanded.
Stevens, J., delivered the opinion for a unanimous Court.
Barry Levenstam argued the cause for petitioner. With him on the briefs were Jerold S. Solovy, Avidan J. Stern, and Jacob I. Corré.
James A. Feldman argued the cause for the United States. With him on the brief were Solicitor General Days, Acting Assistant Attorney General Keeney, Deputy Solicitor General Dreeben, and Richard A. Friedman.
Justice Stevens delivered the opinion of the Court. A jury found petitioner guilty of participating in a conspiracy to distribute controlled substances in violation of 84 Stat. 1265, as amended, 21 U. S. C. § 846, and of conducting a continuing criminal enterprise (CCE) in violation of § 848. The "in concert" element of his CCE offense was based on the same agreement as the § 846 conspiracy. The question presented is whether it was therefore improper for the District Court to sentence him to concurrent life sentences on the two counts.
I
Petitioner organized and supervised a criminal enterprise that distributed cocaine in Warren County, Illinois, from 1988 until December 1990, when he was arrested by federal agents. He was charged with several offenses, of which only Count One, the CCE charge, and Count Two, the conspiracy charge, are relevant to the issue before us.
Count One alleged that during the period between early 1988 and late 1990, petitioner violated § 848 1 by engaging in
1 Section 848(c) provides: "(c) 'Continuing criminal enterprise' defined
"For purposes of subsection (a) of this section, a person is engaged in a continuing criminal enterprise if—
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