Marin
United States v. Marin
Opinion
Lead Opinion
MEMORANDUM *
Indalecio Marin, who used several aliases, including “Juan Valdez,” was convicted of 12 counts relating to cocaine distribution and possession. Suzana Cruz was convicted of 9 counts relating to cocaine distribution and possession, including one count of conspiracy in relation to cocaine trafficking.
Marin appeals his convictions. Cruz appeals the district court’s denial of her motion for acquittal, and her sentence. We have jurisdiction pursuant to 28 U.S.C. § 1291 (1994), and we affirm in both cases.
MARIN
Marin contends that the district court erred by permitting a verdict to be rendered by eleven jurors. He concedes that there was just cause to excuse the twelfth juror but argues that the district court abused its discretion under Federal Rule of Criminal Procedure 23(b) by permitting the remaining eleven jurors to continue deliberations and return a verdict. This argument is unpersuasive. His trial involved multiple defendants and multiple *817 counts of criminal conduct involving an extensive cocaine distribution conspiracy. Sixteen government witnesses testified. At the conclusion of the eight-day trial, the alternate jurors were excused and the jury retired…