Richardson v. United States (526 U.S. 813, 1999)

Justice Breyer

delivered the opinion of the Court.

A federal criminal statute forbids any “person” from “engaging] in a continuing criminal enterprise.” 84 Stat. 1264, 21 U. S. C. § 848(a). It defines “continuing criminal enterprise” (CCE) as involving a “violation]” of the drug statutes where “such violation is a part of a continuing series of violations.” § 848(e). We must decide whether a jury has to agree unanimously about which specific violations make up the “continuing series of violations.” We hold that the jury must do so. That is to say, a jury in a federal criminal ease brought under §848 must unanimously agree not only that the defendant committed some “continuing series of violations” but also that the defendant committed each of the individual “violations” necessary to make up that “continuing series.”

I

The CCE statute imposes a mandatory minimum prison term of at least 20 years upon a person who engages in a “continuing criminal enterprise.” § 848(a). It says:

“[A] person is engaged in a continuing criminal enterprise if—

“(1) he violates any provision of [the federal drug laws, i