UNITED STATES v. MUTCHLER

No. 76-1914.

559 F.2d 955 (1977)

UNITED STATES of America, Plaintiff-Appellee, v. Robert Richard MUTCHLER, and Mike Byrn Green, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

September 21, 1977.


Attorney(s) appearing for the Case

Gerald A. Woolf, Houston, Tex., for Mutchler.

Dick DeGuerin, Houston, Tex., for Green.

James R. Gough, Jr., U. S. Atty., George A. Kelt, Jr., Asst. U. S. Atty., Houston, Tex., Robert A. Berg, Asst. U. S. Atty., Corpus Christi, Tex., for plaintiff-appellee.

Before GOLDBERG, TUTTLE and CLARK, Circuit Judges.


GOLDBERG, Circuit Judge.

On January 26, 1976, defense counsel and the prosecutor selected a jury to try appellants on charges of possessing marijuana with intent to distribute, in violation of 21 U.S.C. § 841(a)(1). Following a trial on February 5-6, 1976, that jury returned guilty verdicts against both appellants. During the nine days between jury selection and trial, nine of the twelve jurors sat on one or more similar...

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