Pubdate: Tue, 01 Jun 1999 Source: United Press International Copyright: 1999 United Press International Author: Michael Kirkland COURT NARROWS 'CCE' RULES IN DRUG CASE WASHINGTON, June 1 (UPI) - The Supreme Court has made it a little bit harder to get a conviction under one of the toughest federal drug laws, the "continuing criminal enterprise'' statute targeting drug kingpins. In a case involving a Chicago street gang member, the court has ruled 6-3 that a jury not only must unanimously agree that a defendant committed a "continuing series'' of drug crimes, but also must unanimously agree the defendant personally committed at least three of the specific violations that make up the series. The ruling reverses a lower-court decision against the gang member. In 1994, the Justice Department charged Eddie Richardson with violating the "continuing criminal enterprise'' statute. The statute imposes a mandatory minimum sentence of at least 20 years in prison. At trial, prosecutors presented evidence allegedly showing that Richardson organized a Chicago street gang called the Undertaker Vice Lords in 1970. The prosecutors charged "that the gang had distributed heroin, crack cocaine and powder cocaine...from 1984 to 1991, and that Richardson, known as the 'King of all the Undertakers,' had run the gang, managed the sales and obtained substantial income from those unlawful activities.'' Richardson's lawyer asked the judge to instruct jury members that the federal law required them to agree on the specific drug violations he committed. Instead, the judge told the jurors that they only had to agree that at least three offenses were committed, but they did not have to identify them. Richardson was convicted and an appeals court upheld the judge's instructions. But the Supreme Court today ``vacated,'' or threw out, the appeals court ruling and sent the case back down for a rehearing. In the majority opinion, Justice Stephen Breyer said the statute makes each "violation'' a "separate element'' of the crime - and therefore the jury must identify and unanimously agree to each separate violation. In a strong dissent, Justice Anthony Kennedy said it was not Congress's intent to require that each element be identified, nor is it required by the Constitution. Joined by two other justices, Kennedy said today's majority opinion "rewards those drug kingpins whose operations are so vast that the individual violations cannot be recalled or charged with specificity.'' - --- MAP posted-by: Patrick Henry