Supreme Court of the United States
Richardson v. United States
June 1, 1999526 U.S. 813
Summary
Justice Breyer, joined by Chief Justice Rehnquist and Justices Stevens, Scalia, Souter, and Thomas, held that a federal jury convicting a defendant of engaging in a continuing criminal enterprise must unanimously agree on each individual drug-law violation necessary to constitute the continuing series. The statutory language, traditional treatment of criminal violations, risks of unfairness, and avoidance of constitutional doubt supported treating those violations as separate elements rather than alternative means. The Court vacated and remanded, leaving harmless-error analysis to the Court of Appeals. Justice Kennedy dissented, joined by Justices O'Connor and Ginsburg, arguing that the continuing series is a single element directed at an ongoing drug enterprise, that unanimity on particular violations is neither statutorily nor constitutionally required, and that the Court's interpretation would impede prosecutions contrary to congressional intent.
Holding
- Whether the individual violations constituting a continuing series under 21 U.S.C. § 848 are elements requiring jury unanimity or alternative means of satisfying a single element.. The jury must unanimously agree that the defendant committed each individual violation necessary to constitute the continuing series, not merely that the defendant committed some qualifying series of violations.
Docket 97-8629
Cited authorities
- 21 U.S.C. §§ 842
- 21 U.S.C. § 849
- 21 U.S.C. § 850
- 21, U.S.C., Section 841
- 21, U.S.C., Section 841
- 21, U.S.C., Section 848
- CA11
- 84 Stat. 1264