UNITED STATES v. LOPEZ

No. 77-3796.

581 F.2d 1338 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. Ofelia Garcia LOPEZ, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

September 13, 1978.


Attorney(s) appearing for the Case

Kenneth P. McMullan (argued), Lewis A. Wenzell, San Diego, Cal., for defendant-appellant.

Barton C. Sheela, III, Asst. U. S. Atty. (on the brief) (argued), Michael H. Walsh, U.S. Atty., San Diego, Cal., for plaintiff-appellee.

Before BARNES and KENNEDY, Circuit Judges, and BARTELS, District Judge.


KENNEDY, Circuit Judge:

The principal issue in this case is whether a defendant being tried by a jury in a federal criminal case may waive the right to a unanimous verdict. We hold that this right may not be waived and reverse the convictions. For the assistance of the district court in the event the case is retried, we also review the district court's determination of a search and seizure question and affirm its ruling in that regard.

I

Ofelia Garcia...

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