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UNITED STATES v. SPITZ

No. 81-5306.

696 F.2d 916 (1983)

UNITED STATES of America, Plaintiff-Appellee, v. Peter SPITZ, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

January 24, 1983.

Attorney(s) appearing for the Case

Kogan & Cogan, Dennis J. Cogan, Philadelphia, Pa., for defendant-appellant.

Bruce Zimet, Asst. U.S. Atty., Miami, Fla., for plaintiff-appellee.

Before RONEY and JOHNSON, Circuit Judges, and DYER, Senior Circuit Judge.

PER CURIAM:

Spitz appeals his conviction of conspiracy to import marijuana into the United States in violation of 18 U.S.C. § 963. He does not challenge the sufficiency of the evidence to support his conviction, but claims error in the continuation of the poll of the jury after its lack of unanimity was revealed. We agree and reverse.

The jury informed the court that it had reached a verdict, returned to the courtroom, and a guilty verdict was returned...

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