UNITED STATES v. COLE

No. 85-3948.

796 F.2d 380 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Lewis James COLE, Jr., Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

August 11, 1986.


Attorney(s) appearing for the Case

H. Jay Stevens, Federal Public Defender, Orlando, Fla., for defendant-appellant.

Thomas E. Morris, Asst. U.S. Atty., Jacksonville, Fla., for plaintiff-appellee.

Before HILL and VANCE, Circuit Judges, and BROWN, Senior Circuit Judge.


HILL, Circuit Judge:

Defendant appeals from his conviction of interstate transportation of a stolen motor vehicle, claiming he was entitled to a new trial due to the inadvertent seating of a peremptorily challenged juror.

FACTS

The error in this case occurred during the seating of the jury panel after the parties had exercised their peremptory challenges. The district court conducted the striking procedure at sidebar and requested that the parties...

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