United States v. Ybarra

COLLOTON, Circuit Judge.

Armando Ybarra appeals his conviction on one count of conspiracy to distribute less than 100 kilograms of marijuana. He argues that the district court’s supplemental charge to the jury, based on Allen v. United States, 164 U.S. 492, 501, 17 S.Ct. 154, 41 L.Ed. 528 (1896), impermissibly coerced a guilty verdict. We affirm the judgment of the district court. 1

I

On June 12, 2007, a grand jury indicted Ybarra on one count of distribution of marijuana and one count of conspiracy to distribute 100 kilograms or more of marijuana, in violation of 21 U.S.C. §§ 841(a)(1),…