Ji Chaoqun v. United States

18 U.S.C. § 951 provides that “[w]hoever, other than a diplomatic or consular officer or attaché, acts in the United States as an agent of a foreign government without prior notification to the Attorney General . . . shall be fined . . . or imprisoned not more than ten years, or both.” 18 U.S.C. § 951(a). This Court has long recognized that juries should be formally and explicitly instructed on unanimity as it relates to an essential element of an offense. The question presented is: Must a jury unanimously decide which act a defendant committed subject to the direction or control of a foreign government to convict under 18 U.S.C. § 951?