United States v. Atthapol Sae-Chua

MERRILL, Circuit Judge:

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 1 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…