United States v. Johnny Lee Jelsma A/K/A Lawrence A/K/A J. J.

McKAY, Circuit Judge.

Section 1955 of Title 18, United States Code, defines “illegal gambling business” to include “five or more persons.” During the poll of the jury at the trial of appellant and several other defendants, the jury foreman retracted his guilty vote for one defendant. Because the jury was not repolled to determine what effect, if any, the switch had on the guilty verdicts of appellant and other defendants, we reversed the judgments and remanded for a new trial. United States v. Morris, 612 F.2d 483 (10th Cir. 1979). Appellant did not seek a rehearing of that decision. Prior to…