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UNITED STATES v. BROWN

No. 17-15470.

996 F.3d 1171 (2021)

UNITED STATES of America, Plaintiff-Appellee, v. Corrine BROWN, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

May 6, 2021.

Attorney(s) appearing for the Case

David Paul Rhodes , U.S. Attorney Service — Middle District of Florida, U.S. Attorney's Office, TAMPA, FL, Eric G. Olshan , U.S. Department of Justice, Criminal Division, WASHINGTON, DC, for Plaintiff-Appellee.

William Mallory Kent , Kent & McFarland, JACKSONVILLE, FL, Paul D. Clement , Erin E. Murphy , Kirkland & Ellis, LLP, WASHINGTON, DC, David J. Hacker , Jeffrey Carl Mateer , Lea Patterson , Keisha Russell , Hiram S. Sasser , Kelly J. Shackelford , First Liberty Institute, PLANO, TX, James Wesley Smith, III , CPLS, PA, ORLANDO, FL, for Defendant-Appellant.

Michael Robert Ufferman , Michael Ufferman Law Finn, PA, TALLAHASSEE, FL, for Amicus Curiae FLORIDA ASSOCIATION OF CRIMINAL DEFENSE LAWYERS.

James A. Campbell , Attorney General's Office, LINCOLN, NE, for Amici Curiae STATE OF NEBRASKA, STATE OF ARKANSAS, STATE OF GEORGIA, STATE OF KENTUCKY, STATE OF LOUISIANA, STATE OF MISSISSIPPI, STATE OF SOUTH DAKOTA, and STATE OF TEXAS.

Malcolm E. Whittaker , Whittaker Law Firm, HOUSTON, TX, for Amicus Curiae TANYA MARIE LUHRMANN.

Benjamin Paul Sisney , American Center for Law & Justice, WASHINGTON, DC, for Amicus Curiae AMERICAN CENTER FOR LAW AND JUSTICE.

ROSENBAUM, Circuit Judge, filed a dissenting opinion, in which WILSON and MARTIN, Circuit Judges, joined.

This appeal requires us to decide whether a district judge abused his discretion by removing a juror who expressed, after the start of deliberations, that the Holy Spirit told him that the defendant, Corrine Brown, was not guilty on all charges. The juror also repeatedly assured the district judge that he was following...

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