United States v. Butler

Good Law
149 F. App'x 591
United States Court of Appeals for the Ninth CircuitAugust 24, 2005No. 01-50052; D.C. No. CR-96-00035-RT-1California493 words

Opinion

Lead Opinion

*592 ORDER and MEMORANDUM **

The panel has voted to grant the petition for panel rehearing.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. See Fed. R.App. P. 35.

The petition for panel rehearing is granted and the petition for rehearing en banc is denied.

The Memorandum Disposition filed April 26, 2004, is WITHDRAWN and replaced with the following Memorandum Disposition:

Elijah Butler appeals from his jury trial conviction and sentence for conspiracy and possession with intent to distribute cocaine base, in violation of 21 U.S.C. §§ 841 (a)(1), 846. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm the conviction and remand the sentence.

Butler contends that the district court abused its discretion when it denied his motion for a mistrial (and, in the alternative, to dismiss a juror) which Butler made after a juror revealed to the court that she was robbed at gunpoint one night during her jury service. We disagree. The district court investigated the incident, and carefully questioned the affected juror as well as the other jurors with whom she had discussed the…

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