United States v. Anthony C. Thomas

On Rehearing En Banc

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Appellant was convicted by a jury on both counts of an indictment respectively charging assault with a dangerous weapon and robbery.1 His sentence was a commitment pursuant to provisions of the Federal Youth Corrections Act.2 His sole contention on this appeal is that the conviction was vitiated by a series of trial events, including prominently a version of the Allen charge,3 which in his view improperly induced the verdict the jury returned.

Upon careful consideration of the record, we conclude that the conviction should be…