United States v. Peter Spitz

Spitz appeals his conviction of conspiracy to import marijuana into the United States in violation of 18 U.S.C. § 963. He does not challenge the sufficiency of the evidence to support his conviction, but claims error in the continuation of the poll of the jury after its lack of unanimity was revealed. We agree and reverse.

The jury informed the court that it had reached a verdict, returned to the courtroom, and a guilty verdict was returned. At the defendant’s request the jurors were polled in the numerical order of their seating. The first seven jurors assented to the verdict. Thereafter the…