United States v. Daphne W. Essex

MacKINNON, Senior Circuit Judge:*

Appellant Daphne Essex appeals her conviction for possession of heroin with intent to distribute. 21 U.S.C. § 841(a). At the start of the trial, the defense stipulated to proceeding with a jury of 11 if it became necessary to do so. But a full jury heard all the evidence, began deliberations, and adjourned over the weekend. One juror failed to appear on Monday morning and the court — without finding that there was any reason for excusing him, and over defense objection — permitted the 11 remaining jurors to continue deliberations and to return a verdict.

The…