Court of Appeals for the Third Circuit January 4, 2007, 05-3840 (United States v. Jason Korey)

SMITH, Circuit Judge,

concurring.

As the majority ably explains, the charge to the jury was deficient because it failed to instruct on the “unity of purpose” element required for the predicate drug *98trafficking offense. See United States v. Gibbs, 190 F.3d 188, 197 (3d Cir.