United States Ninth Circuit

A conviction for making false claims and statements in connection with a government contract is affirmed as there was no error in the district court's denial of a new trial where the parties stipulated to proceeding with a jury of less than twelve and received a unanimous verdict, albeit from a jury of only eleven members. The fact that it was subsequently revealed that the juror was a holdout in favor of acquittal did not change that result.

Appellate Information

• Argued 07/28/2006
• Decided 04/18/2007
• Published 04/18/2007

Judges

• CLIFTON, Circuit Judge., Before JOHN R. GIBSON,RYMER, and CLIFTON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• Jason Dickstein (argued), Washington Aviation Group, PC and the Law Offices of Jason A. Dickstein, Washington, D.C., for the defendant-appellant., Debra W. Yang, United States Attorney, Wayne R. Gross, Assistant United States Attorney, and Thomas S. McConville (argued), Assistant United States Attorney, Santa Ana, CA, for the plaintiff-appellee.