U.S. v. PENN

No. 16-3779.

870 F.3d 164 (2017)

UNITED STATES of America v. Jesse Nathaniel PENN, Jr., Appellant.

United States Court of Appeals, Third Circuit.

(Filed: August 30, 2017).


Attorney(s) appearing for the Case

Candace Cain , Office of Federal Public Defender, 1001 Liberty Avenue, 1500 Liberty Center, Pittsburgh, PA 15222, Counsel for Appellant.

Rebecca R. Haywood , Michael L. Ivory , Office of United States Attorney, 700 Grant Street, Suite 4000, Pittsburgh, PA 15219, Counsel for Appellee.

Before: SMITH, Chief Judge, FUENTES, Circuit Judge, and STARK, Chief District Judge.


OPINION

Jesse Nathaniel Penn, Jr., was convicted of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). After opening statements at Penn's trial, the District Court removed one of the jurors, a student with scheduled surgery, replacing him with an alternate. Penn now appeals, arguing...

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