United States Ninth Circuit

A sentence imposed following revocation of defendant's supervised release and his conviction and sentence for drug related offenses are vacated where: 1) the district court rendered the decision to revoke defendant's supervised release without the benefit of US v. Miqbel, 444 F.3d 1173 (9th Cir. 2006); and 2) the conviction and sentence required vacatur as the district court abused its discretion in failing to take proper remedial action when a juror voiced his or her concern that the defendant's alleged act of eye-balling the juror made the juror feel threatened.

Appellate Information

• Argued 02/08/2007
• Decided 05/11/2007
• Published 05/11/2007

Judges

• EZRA, District Judge., Before RAYMOND C. FISHER and RICHARD C. TALLMAN, Circuit Judges, and DAVID ALAN EZRA, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Anthony R. Gallagher, Federal Defender, David F. Ness (argued), Assistant Federal Defender, Great Falls, MT, for the appellant.


• For Appellees:
  
• William M. Mercer, United States Attorney, Carl E. Rostad (argued), Assistant United States Attorney, Great Falls, MT, for the appellee.