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U.S. v. RIVERA

No. 01-7058.

347 F.3d 850 (2003)

UNITED STATES of America, Plaintiff-Appellee, v. Luis Anthony RIVERA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 21, 2003.

Attorney(s) appearing for the Case

Vicki Mandell-King, Assistant Federal Public Defender, (Michael G. Katz, Federal Public Defender, with her on the briefs), Denver, CO, for Defendant-Appellant.

Luis A. Rivera, Lompoc, CA, pro se.

Michael A. Rotker, Attorney, Criminal Division, Appellate Section, U.S. Department of Justice, Washington, DC, (Sheldon J. Sperling, United States Attorney, and Paul G. Hess, Assistant United States Attorney, Eastern District of Oklahoma, with him on the brief), for Plaintiff-Appellee.

Before KELLY, McKAY, and LUCERO, Circuit Judges.

McKAY, Circuit Judge.

In this § 2255 habeas appeal, Appellant asks us to reverse his conviction for continuing criminal enterprise ("CCE") on the basis of Richardson v. United States, 526 U.S. 813, 119 S.Ct. 1707, 143 L.Ed.2d 985 (1999). After extensive review of the briefs, the record, and the applicable law, we hold that any alleged Richardson errors were harmless in this case because a properly qualified jury unanimously...

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