United States v. Atthapol Sae-Chua
Opinion
Opinion
Merrill, J.
After a jury trial in the United States District Court for the District of Hawaii, appellant Sae-Chua was convicted of importing 3,213 grams of heroin and possessing that heroin with intent to distribute, in violation of 21 U.S.C. §§ 952 (a) and 841(a)(1).
On the second day of jury deliberations the Court received a note from the jury foreman which stated that the majority of the jury was in favor of conviction but that one member, while he had expressed the view that the defendant was guilty, still persisted in voting not guilty. The foreman expressed the belief that this was improper behavior and was in doubt as to whether, under the circumstances, the jury should continue deliberating.
The Court had the jury brought into the courtroom and polled the jurors as to whether they believed further deliberations could result in a verdict. All but one of the jurors believed that a verdict could be reached. The Court then gave a modified Allen charge , over appellant’s objections. The jury recessed for lunch and then returned to continue deliberating. After several hours the jury returned a guilty verdict. Appellant assigns the giving of the charge as error.