United States v. Jose Reyes

Good Law
358 F.3d 1095·2004 WL 103297·2004 U.S. App. LEXIS 997
United States Court of Appeals for the Ninth CircuitJanuary 23, 200401-35757California627 words

Opinion

Opinion

ORDER

Petitioner Jose Reyes filed a second ha-beas 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 (“CCE”) in violation of 21 U.S.C. § 848 . See Richardson v. United States, 526 U.S. 813, 824 , 119 S.Ct. 1707 , 143 L.Ed.2d 985 (1999). The district court denied and dismissed Reyes’s habeas petition. Because we conclude that the district court did not have jurisdiction to consider Reyes’s petition, we dismiss the appeal and remand to the district court with instructions to vacate its opinion and dismiss the petition for lack of jurisdiction.

BACKGROUND

Reyes was convicted of engaging in a CCE in violation of 21 U.S.C. § 848 , as well as nine other related counts. The district court judge did not instruct the jury that it must reach a unanimous and separate agreement as to each violation that makes up the “continuing series of violations” of the CCE offense.

Pursuant to 28 U.S.C. § 2255 , Reyes filed a…

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