Cite as: 526 U. S. 813 (1999)
Kennedy, J., dissenting
quacies of prior law. Id., at 782-784. By treating the CCE offense like a simple recidivism statute, the Court's opinion does not conform to the statutory purpose.
The continuing series element reflects Congress' intent to punish those who organize or direct ongoing narcotics-related activity. As the Court said in Garrett: "A common-sense reading of this definition [of 'engaged in a continuing criminal enterprise'] reveals a carefully crafted prohibition aimed at a special problem. This language is designed to reach the 'top brass' in the drug rings, not the lieutenants and foot soldiers." Id., at 781. As part of that statutory design, the continuing series element of the offense aims to punish those whose persistence and organization establish a successful, ongoing criminal operation. The continuing series element, as a consequence, is directed at identifying drug enterprises of the requisite size and dangerousness, not at punishing drug offenders for discrete drug violations.
The remaining elements of the CCE definition likewise target drug kingpins. With respect to the requirement of action in concert with five or more other persons, every Court of Appeals to have considered the issue has concluded that the element aims the statute at enterprises of a certain size, so the identity of the individual supervisees is irrelevant. See, e. g., United States v. Harris, 959 F. 2d 246, 255 (CADC 1992) (per curiam) (panel including Ruth Bader Ginsburg and Clarence Thomas, JJ.); United States v. Garcia, 988 F. 2d 965, 969 (CA9 1993); United States v. Moorman, 944 F. 2d 801, 803 (CA11 1991); United States v. English, 925 F. 2d 154, 159 (CA6 1991); United States v. Linn, 889 F. 2d 1369, 1374 (CA5 1989); United States v. Jackson, 879 F. 2d 85, 88 (CA3 1989); United States v. Tarvers, 833 F. 2d 1068, 1074-1075 (CA1 1987); United States v. Markowski, 772 F. 2d 358, 364 (CA7 1985). As for the remaining elements, it is undisputed that the jury need not agree unanimously on whether the defendant was a supervisor as opposed to an organizer or other manager, because the leader-
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