United States v. Michael Warren Mason, United States of America v. William Casey Welsh, United States of America v. Mitchell Shields

KENNEDY, Circuit Judge:

The issue of principal significance in this case is whether the Allen charge given below was correct in its formulation. 1 We are required to reverse the convictions on this point. The case also presents certain evidentiary and substantive issues, and we defer a detailed recital of the facts until Part II of the opinion, which deals with those other matters.

Appellants Mason, Welsh, and Shields were convicted of conspiracy to distribute cocaine, 21 U.S.C. § 846 (1976), and of actual distribution of cocaine, 21 U.S.C. § 841(a)(1) (1976). Appellants Shields and Welsh were…