United States Ninth Circuit

Defendants' convictions for conspiracy to interfere with interstate commerce by robbery, conspiracy to possess cocaine with the intent to distribute, and possession of a firearm during a drug crime and crime of violence are reversed and remanded for a new trial where: 1) there was sufficient evidence to support the convictions; 2) the government did not deny the defendants their due process rights by engaging in outrageous conduct; but 3) the district court, although it did not intend to do so, gave an Allen charge after a juror disclosed that she was a holdout.

Appellate Information

• Argued 04/08/2008
• Decided 11/06/2008
• Published 11/06/2008

Judges

• BYBEE, Circuit Judge:, Before:  WILLIAM C. CANBY, JR., ANDREW J. KLEINFELD, and JAY S. BYBEE, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Benjamin L. Coleman, Coleman & Balogh LLP, San Diego, CA, for appellant David Williams., Michael Edmund Burke, San Diego, CA, for appellant William Steel., Brian J. White, San Diego, CA, for appellant Talford Brown.


• For Appellees:
  
• Stephen Frederick Miller, Assistant United States Attorney, San Diego, CA, for appellee United States.