United States v. Jose Reyes
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.