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U.S. v. GINYARD

Nos. 06-3162, 06-3163.

511 F.3d 203 (2008)

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

United States Court of Appeals, District of Columbia Circuit.

Decided January 4, 2008.

Attorney(s) appearing for the Case

James W. Beane, Jr., appointed by the court, argued the cause and filed the briefs for appellant Sean Ginyard.

Yolanda T. Hibbler argued the cause for appellant Kevin Jefferson. With her on the briefs was Peter M. Brody.

Mary C. Dobbie, Assistant U.S. Attorney, argued the cause for appellee. With her on the brief were Jeffrey A. Taylor, U.S. Attorney, and Roy W. McLeese, III, Assistant U.S. Attorney.

Before: GINSBURG, Chief Judge, and GARLAND, Circuit Judge, and EDWARDS, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge GARLAND.

GARLAND, Circuit Judge:

An eleven-member jury convicted Sean Ginyard and Kevin L. Jefferson on a two-count indictment that charged the defendants with distributing and with possessing with intent to distribute cocaine base. On appeal, a previous panel of this court vacated the convictions and remanded the case for a new trial because the district court had erred in dismissing the twelfth juror. See United...

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