United States v. Franklin Delano Gipson

WISDOM, Circuit Judge:

This appeal presents novel and difficult questions concerning the nature and scope of a federal defendant’s right to a unanimous jury verdict. The appellant, Gipson, challenges his conviction of violating 18 U.S.C. § 2313, 1 which prohibits the sale or receipt of stolen vehicles. He bases his challenge on the ground that his right to a unanimous jury verdict was infringed. Because we agree with Gipson that this right was abridged at his trial, we reverse his conviction.

I

Gipson was charged, in a two count indictment, with transporting a stolen vehicle in interstate…