concurring in the judgment in part and dissenting in part.
Because I agree with the United States that Iannelli v. United States, 420 U. S. 770 (1975), controls this case, I for that reason concur in the judgment of the Court with respect to petitioner’s conviction. For the same reason and because the conspiracy proved was not used to establish the continuing criminal enterprise charged, I dissent from the Court’s judgment with respect to the fines and from Part III of the plurality’s opinion.