Joe A. Cunningham v. United States

Appellant was convicted by a jury on a one-count indictment charging appellant with assaulting, impeding and interfering with an officer of the Immigration and Naturalization Service, in violation of 18 U.S.C. 111. He asserts three grounds for reversal, none of which is meritorious.

Appellant’s first contention involves an allegation of jury misconduct — namely, that the jurors discussed appellant’s failure to testify in his own behalf. The affidavit of one juror was submitted to support the contention that this factor may have been considered by the jury in determining appellant’s guilt.

The…