Yu v. United States

OPINION

SWEET, District Judge.

Kwok Ching Yu (“Yu”) has petitioned for a writ of habeas corpus, pursuant to 28 U.S.C. § 2241(c)(3), contending that under Richardson v. United States, 526 U.S. 813, 119 S.Ct. 1707, 143 L.Ed.2d 985 (1999), his conviction after trial of engaging in a continuing criminal enterprise (CCE), in violation of 21 U.S.C. § 848(a) (“CCE”), was flawed because the jury was not instructed that it had to unanimously agree on the components of the “continuing series violations” that constituted the continuing criminal enterprise. The Government opposes the petition. For the…