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U.S. v. REYES

No. 01-35757.

358 F.3d 1095 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Jose REYES, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 23, 2004.

Attorney(s) appearing for the Case

Greg S. Silvey, Boise, Idaho, for the defendant-appellant.

Lynne W. Lamprecht, U.S. Attorney's Office, Boise, Idaho, for the plaintiff-appellee.

Before: BETTY B. FLETCHER, MELVIN BRUNETTI, and M. MARGARET McKEOWN, Circuit Judges.

Argued and Submitted June 6, 2003 — Seattle, Washington.

ORDER

PER CURIAM.

Petitioner Jose Reyes filed a second habeas petition in federal district court alleging that the district court in which he was tried erred in failing to instruct the jury that it must reach a unanimous and separate agreement as to three drug violations constituting a "continuing series" of violations in order to convict him of engaging in a continuing criminal enterprise...

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