Legal Opinion
Jimmie D. Poe, Sr. v. United States
Court of Appeals for the Seventh Circuit
Decided November 6, 2006No. 04-3697PublishedCited by 26 opinions
1Opinion of the Court
SYKES, Circuit Judge.
On June 1, 1999, the Supreme Court held that the predicate drug law violations underlying a conviction for violating the “continuing criminal enterprise” (“CCE”) statute, 21 U.S.C. § 848(c), are elements of the CCE offense and thus require jury unanimity with respect to each individual violation. Richardson v. United States, 526 U.S. 813, 824, 119 S.Ct. 1707, 143 L.Ed.2d 985 (1999). About six weeks later, Jimmie Poe, Sr. raised a Richardson challenge to his 1996 CCE conviction by filing a habeas corpus petition under 28 U.S.C. § 2241. This was a procedural error. Under 28…
2Cases cited16 opinions
- Teague v. LaneSupreme Court of the United States · 1989
- Bousley v. United StatesSupreme Court of the United States · 1998
- Castro v. United StatesSupreme Court of the United States · 2003
- Richardson v. United StatesSupreme Court of the United States · 1999
- Osterneck v. Ernst & WhinneySupreme Court of the United States · 1989
11 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Tucker v. KingstonCourt of Appeals for the Seventh Circuit · 2008
- Poe v. LaRivaCourt of Appeals for the Seventh Circuit · 2016
- United States v. O'MalleyCourt of Appeals for the Seventh Circuit · 2016
- Johnson, Curtis v. Chandler, NedraCourt of Appeals for the Seventh Circuit · 2007
- Miller v. WisconsinCourt of Appeals for the Seventh Circuit · 2008
21 more not listed; retrieve them via the Exa API.