RICHARDSON v. UNITED STATES

No. 97-8629.

526 U.S. 813 (1999)

RICHARDSON v. UNITED STATES

United States Supreme Court.

Decided June 1, 1999.


Attorney(s) appearing for the Case

William A. Barnett, Jr., by appointment of the Court, 525 U.S. 959, argued the cause and filed briefs for petitioner.

Irving L. Gornstein argued the cause for the United States. With him on the brief were Solicitor General Wax- man, Assistant Attorney General Robinson, Deputy Solicitor General Dreeben, and Joel M. Gershowitz.*

Breyer, J., delivered the opinion of the Court, in which Rehnquist, C. J., and Stevens, Scalia, Souter, and Thomas, JJ., joined. Kennedy, J., filed a dissenting opinion, in which O'Connor and Ginsburg, JJ., joined, p. 825.


Justice Breyer, delivered the opinion of the Court.

A federal criminal statute forbids any "person" from "engag[ing] in a continuing criminal enterprise." 84 Stat. 1264, 21 U. S. C. § 848(a). It defines "continuing criminal enterprise" (CCE) as involving a "violat[ion]" of the drug statutes where "such violation is a part of a continuing series of violations." § 848(c). We must decide whether a jury has to agree unanimously about which specific violations...

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