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U.S. v. SPENCE

No. 97-9032.

163 F.3d 1280 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. David Omer SPENCE, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

December 31, 1998.

Attorney(s) appearing for the Case

Kevin R. Brehm, Federal Defender Program, Atlanta, GA, for Defendant-Appellant.

Janet King, Sheila R. Tyler, Asst. U.S. Atty., Atlanta, GA, for Plaintiff-Appellee.

Before ANDERSON and BARKETT, Circuit Judges, and HILL, Senior Circuit Judge.

ANDERSON, Circuit Judge:

David Omer Spence appeals his conviction and sentence for firearms offenses, arguing that the district court abused its discretion by excusing an ill juror and proceeding with only eleven jurors who rendered the verdict against him. We reverse and remand for a new trial.

Spence was tried before a jury in federal district court for three counts of firearms violations. The trial began on Thursday, May 29, 1997. Both sides rested toward...

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