United States v. Ofelia Garcia Lopez

KENNEDY, Circuit Judge:

The principal issue in this case is whether a defendant being tried by a jury in a federal criminal case may waive the right to a unanimous verdict. We hold that this right may not be waived and reverse the convictions. For the assistance of the district court in the event the case is retried, we also review the district court’s determination of a search and seizure question and affirm its ruling in that regard.

I

Ofelia Garcia Lopez was convicted on three counts of transporting and attempting to transport illegal aliens, in violation of 8 U.S.C. § 1324(a)(2) and on a…