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U.S. v. EVANSTON

No. 10-10159.

651 F.3d 1080 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Calvin Bryan EVANSTON, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed July 5, 2011.

Attorney(s) appearing for the Case

Jennifer E. Green, Assistant United States Attorney, Phoenix, AZ, for the plaintiff-appellee.

Philip E. Hantel, Phoenix, AZ, for the defendant-appellant.

Before: ALEX KOZINSKI, Chief Judge, MICHAEL DALY HAWKINS and RONALD M. GOULD, Circuit Judges.

OPINION

HAWKINS, Senior Circuit Judge:

In a case of first impression, we examine whether a district court may, over defense objection and after the administration of an unsuccessful Allen1 charge, inquire into the reasons for a trial jury's deadlock and then permit supplemental argument focused on those issues, where the issues in dispute are factual rather than legal....

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