U.S. v. MURPHY

No. 05-50608.

483 F.3d 639 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Michael Joseph MURPHY, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed April 18, 2007.


Attorney(s) appearing for the Case

Jason Dickstein (argued), Washington Aviation Group, PC and the Law Offices of Jason A. Dickstein, Washington, D.C., for the defendant-appellant.

Debra W. Yang, United States Attorney, Wayne R. Gross, Assistant United States Attorney, and Thomas S. McConville (argued), Assistant United States Attorney, Santa Ana, CA, for the plaintiff-appellee.

Before JOHN R. GIBSON, RYMER, and CLIFTON, Circuit Judges.


CLIFTON, Circuit Judge.

This case presents the question of whether a stipulation to proceed with a jury of fewer than twelve members, permitted under Federal Rule of Criminal Procedure 23(b)(2)(A), constitutes a violation of the requirement that a verdict be unanimous, under Federal Rule of Criminal Procedure 31, in circumstances where there is some indication of a holdout juror. We conclude that under the circumstances here, where the defendant knowingly and intelligently...

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