United States v. Peter McIver Jr., Saul McIver and Huberto Antonio Rodriguez

JOHNSON, Circuit Judge:

Appellant Huberto Antonio Rodriguez appeals his conviction of conspiracy to possess marijuana with intent to distribute aboard a vessel of the United States, 21 U.S.C.A. § 955c, and possession with intent to distribute marijuana while aboard a vessel of the United States, 21 U.S.C.A. § 955a. 1 He argues that the bifurcated jury trial used by the district court violated his Sixth Amendment right to be tried by an impartial jury. We reverse.

I

A shrimp boat, later identified as the SANTA MARIA from Jacksonville, Florida, whose crew consisted of Peter Mclver, Saul Mclver and…