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UNITED STATES v. SAE-CHUA

No. 83-1134.

725 F.2d 530 (1984)

UNITED STATES of America, Plaintiff/Appellee, v. Atthapol SAE-CHUA, Defendant/Appellant.

United States Court of Appeals, Ninth Circuit.

Decided February 9, 1984.

Attorney(s) appearing for the Case

Mervyn Hamburg, Washington, D.C., for plaintiff/appellee.

Michael R. Levine, Federal Public Defender, Honolulu, Hawaii, for defendant/appellant.

Before MERRILL, SKOPIL and FERGUSON, Circuit Judges.

MERRILL, Circuit Judge:

After a jury trial in the United States District Court for the District of Hawaii, appellant Sae-Chua was convicted of importing 3,213 grams of heroin and possessing that heroin with intent to distribute, in violation of 21 U.S.C. §§ 952(a) and 841(a)(1).

On the second day of jury deliberations the Court received a note from the jury foreman1 which stated that the majority of the jury was in favor...

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