United States v. Isidro Gomez-Lepe, Opinion

McKEOWN, Circuit Judge:

Isidro Gomez-Lepe was convicted of conspiracy to distribute a controlled substance, 21 U.S.C. § 846, and possession with intent to distribute a controlled substance and/or aiding and abetting, 21 U.S.C. § 841(a)(1); 18 U.S.C. § 2. On appeal, he maintains that the magistrate judge’s presiding over a jury poll that called into question jury unanimity exceeded the judge’s statutory authority under the Federal Magistrates Act (the “Act”), 28 U.S.C. § 636. He also argues that the polling process violated Article III of the Constitution and resulted in a verdict that was not…