SYKES, Circuit Judge.
In 1995 a federal jury convicted Jesse Webster on cocaine-trafficking and tax-fraud charges, and his direct appeals were unsuccessful. Sometime after his trial, Webster discovered that a member of the jury had called in sick one day in the middle of deliberations. Webster filed a habeas petition under 28 U.S.C. § 2255 alleging that deliberations proceeded that day in the juror's absence, violating his right to trial by a jury of twelve....
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