United States v. Frank Martin Contreras

Frank M. Contreras appeals his conviction by a jury of smuggling, knowingly receiving, concealing, and facilitating the transportation and concealment within the United States of nearly two million amphetamine tablets, and of conspiring to commit the substantive crimes, in violation of 18 U.S.C. §§ 371 and 545. We reverse and remand for a new trial.

The jury received the case on a Friday afternoon, and deliberated for forty minutes without reaching a verdict. It reconvened at 8:45 on Monday morning, and deliberated until 3:45 p. m., when it requested and was given further instructions on the definitions of evidence and conspiracy. On the trial judge’s inquiry, the jury foreman disclosed that the panel had not reached a verdict on any count of the indictment. Sua sponte, the judge then gave the jury a modified version of the instruction approved in Allen v. United States, 164 U.S. 492 , 17 S.Ct. 154 , 41 L.Ed. 528 (1896). The jury retired, and thirty-five minutes later returned with the guilty verdict.

Within the circumstances of this case, the Allen charge was premature. We have a profound feeling that it was coercive upon the jury. The Allen instruction “certainly should be…