United States Ninth Circuit

Conviction for violations of the Controlled Substances Act arising from defendant's services for an official medical-cannabis provider association is reversed pursuant to a claim that the trial court erred in refusing to grant a new trial after it became aware that one of the jurors sought advice from an attorney on the eve of rendering a verdict. Government's claims regarding erroneous downward departure in sentencing are moot.

Appellate Information

• Decided 04/26/2006
• Published 04/26/2006

Judges

• Before BETTY B. FLETCHER, JOHN R. GIBSON, and MARSHA S. BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Dennis P. Riordan, Donald M. Horgan, and Joseph D. Elford, San Francisco, CA, for the appellant.


• For Appellees:
  
• Amber S. Rosen, George L. Bevan, Jr., Hannah Horsley, and Kevin V. Ryan, U.S. Attorney's Office, San Jose, CA, for the appellee.