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POE v. U.S.

No. 04-3697.

468 F.3d 473 (2006)

Jimmie D. POE, Sr., Petitioner-Appellant, v. UNITED STATES of America, Respondent-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided November 6, 2006.

Attorney(s) appearing for the Case

Robert J. Palmer, Mishawaka, IN, for Petitioner-Appellant.

Michael Jude Quinley, Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for Respondent-Appellee.

Before FLAUM, Chief Judge, and BAUER and SYKES, Circuit Judges.

SYKES, Circuit Judge.

On June 1, 1999, the Supreme Court held that the predicate drug law violations underlying a conviction for violating the "continuing criminal enterprise" ("CCE") statute, 21 U.S.C. § 848(c), are elements of the CCE offense and thus require jury unanimity with respect to each individual violation. Richardson v. United States, 526 U.S. 813, 824, 119 S.Ct. 1707, 143 L.Ed.2d 985 (1999). About six weeks...

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