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U.S. v. GINYARD

Nos. 05-3003, 05-3004, 05-3025, 05-3035.

444 F.3d 648 (2006)

UNITED STATES of America, Appellee v. Sean GINYARD, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided April 7, 2006.

Attorney(s) appearing for the Case

Richard K. Gilbert, appointed by the court, argued the cause and filed the briefs for appellant.

David M. Menichetti argued the cause and filed the briefs for appellant Kevin Jefferson. Peter M. Brody entered an appearance.

John P. Gidez, Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were Kenneth L. Wainstein, U.S. Attorney, and Roy W. McLeese, III and Elizabeth Trosman, Assistant U.S. Attorneys.

Before: GINSBURG, Chief Judge, and ROGERS and BROWN, Circuit Judges.

Opinion for the Court filed by Circuit Judge ROGERS.

ROGERS, Circuit Judge.

An eleven-member jury found Sean Ginyard and Kevin L. Jefferson guilty of possession with intent to distribute more than 50 grams of cocaine base and distribution of a detectable amount of cocaine base. The principal issue on appeal is whether the district court abused its discretion in dismissing, pursuant to Federal Rule of Criminal Procedure 23(b), the twelfth juror, who was a holdout...

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