United States v. Michael Warren Mason, United States of America v. William Casey Welsh, United States of America v. Mitchell Shields

The issue of principal significance in this case is whether the Allen charge given below was correct in its formulation. We are required to reverse the convictions on this point. The case also presents certain evidentiary and substantive issues, and we defer a detailed recital of the facts until Part II of the opinion, which deals with those other matters.

Appellants Mason, Welsh, and Shields were convicted of conspiracy to distribute cocaine, 21 U.S.C. § 846 (1976), and of actual distribution of cocaine, 21 U.S.C. § 841 (a)(1) (1976). Appellants Shields and Welsh were also convicted of using firearms during the commission of a felony, pursuant to 18 U.S.C. § 924 (c)(1) (Supp. Ill 1979).

The appellants had been tried previously, together with a fourth defendant named Johns. The first jury found Johns guilty but could not reach a verdict as to the appellants. The appellants were tried again. The second jury began its deliberations at 3:80 p.m. on the second day of the trial and adjourned at 5:00 p.m. They reconvened at 9:00 a.m. the next morning. At 10:30 a.m., they advised the Marshal they were “having problems” deliberating. The trial judge summoned counsel to the courtroom and…