U.S. v. SOUTHWELL

No. 04-30521.

432 F.3d 1050 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Kenneth SOUTHWELL, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed December 30, 2005.


Attorney(s) appearing for the Case

Kimberly A. Deater, Federal Defenders of Eastern Washington and Idaho, Spokane, WA, for the defendant-appellant.

James A. McDevitt, United States Attorney; Thomas O. Rice, Assistant United States Attorney, Spokane, WA, for the plaintiff-appellee.

Before ALARCÓN, KOZINSKI and KLEINFELD, Circuit Judges.


KOZINSKI, Circuit Judge.

We consider whether the district court's failure to answer the jury's question during deliberations was an abuse of discretion and, if so, whether the defendant was prejudiced thereby. To answer the latter question, we also decide whether a jury must unanimously reject an affirmative defense before it can find a defendant guilty.

Facts

Kenneth Southwell was accused of starting a fire at the Heart Seed Company of Fairfield...

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