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U.S. v. TURRIETTA

No. 11-2033.

696 F.3d 972 (2012)

UNITED STATES of America, Plaintiff-Appellee, v. Gilbert J. TURRIETTA, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

August 29, 2012.

Attorney(s) appearing for the Case

David N. Williams , Assistant United States Attorney, ( Kenneth J. Gonzales , United States Attorney, with him on the brief), Office of the United States Attorney, Albuquerque, NM, for Plaintiff-Appellee.

Charles E. Knoblauch , Albuquerque, NM, for Defendant-Appellant.

Before KELLY, O'BRIEN, and GORSUCH, Circuit Judges.

O'BRIEN, Circuit Judge.

Introduction

A federal jury convicted Gilbert Turrietta of assaulting a law enforcement officer. The jury reached its verdict despite having never been sworn. The problem would have gone unnoticed were it not for a belated objection from Turrietta's attorney, Charles Knoblauch. He knew from the outset of the trial that the jury had not been sworn, yet strategically reserved any objection until a guilty verdict was returned...

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