U.S. v. ARAUJO

Nos. 94-1873, 94-1906.

62 F.3d 930 (1995)

UNITED STATES of America, Plaintiff-Appellee, v. Rolando ARAUJO, Sr., and Antonio Araujo, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 8, 1995.


Attorney(s) appearing for the Case

Barry Rand Elden, Asst. U.S. Atty., Crim. Receiving, Appellate Div., Chicago, IL, Diane MacArthur (argued), Office of the U.S. Atty., Chicago, IL, for U.S.

Marc W. Martin, Joseph R. Lopez (argued), Genson, Steinback, Gillespie & Martin, Chicago, IL, for Rolando Araujo.

Joseph R. Lopez (argued), Chicago, IL, for Antonio Araujo.

Before RIPPLE, MANION, and ROVNER, Circuit Judges.


ILANA DIAMOND ROVNER, Circuit Judge.

An eleven-member jury convicted Rolando Araujo, Sr. and Antonio Araujo of attempting to possess, with the intent to distribute, four kilograms of cocaine. Because we conclude that the district court abused its discretion in dismissing the twelfth juror, see Fed. R.Crim.P. 23(b), we reverse and remand for a new trial.

I.

A grand jury on September 14, 1993 charged Araujo, Sr. and his son Araujo with attempting...

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