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YU v. U.S.

No. 99 CIV. 10272(RWS).

183 F.Supp.2d 657 (2002)

Kwok Ching YU, Petitioner, v. UNITED STATES of America, Respondent.

United States District Court, S.D. New York.

January 28, 2002.

Attorney(s) appearing for the Case

Linda S. Sheffield, Esq., Atlanta, GA, for Petitioner.

James B. Comey, United States Attorney for the Southern District of New York by David C. Esseks, Esq., Assistant U.S. Attorney, New York City, for Respondent.

OPINION

SWEET, District Judge.

Kwok Ching Yu ("Yu") has petitioned for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241(c)(3), contending that under Richardson v. United States, 526 U.S. 813, 119 S.Ct. 1707, 143 L.Ed.2d 985 (1999), his conviction after trial of engaging in a continuing criminal enterprise (CCE), in violation of 21 U.S.C. § 848(a) ("CCE"), was flawed because the jury was not instructed...

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