The question in this case centers on a determination of the proper application of 21 U.S.C. § 848(c)(2)(A) and what legal standards and facts are necessary for the government to prove beyond a reasonable doubt the element of "in concert with five or more persons."

Whether a defendant's Sixth Amendment right to a jury trial requires unanimous jury findings for each separate narcotics violation in a Continuing Criminal Enterprise (CCE) charge under 21 U.S.C. § 848(c)(2)(A)