United States DC Circuit

Convictions for possession with intent to distribute cocaine base and distribution of a detectable amount of cocaine base are vacated where the district court abused its discretion in dismissing a holdout juror because the district court failed to conduct an adequate inquiry regarding the holdout juror's continuing availability.

Appellate Information

• Argued 02/27/2006
• Decided 04/07/2006
• Published 04/07/2006

Judges

• Before:  GINSBURG, Chief Judge, and ROGERS and BROWN, Circuit Judges.

Court

• United States DC Circuit

Counsel

• For Appellant:
  
• Richard K. Gilbert, appointed by the court, argued the cause and filed the briefs for appellant., David M. Menichetti argued the cause and filed the briefs for appellant Kevin Jefferson.  Peter M. Brody entered an appearance.


• For Appellees:
  
• John P. Gidez, Assistant U.S. Attorney, argued the cause for appellee.   With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and Roy W. McLeese, III and Elizabeth Trosman, Assistant U.S. Attorneys.