U.S. v. Curbelo, No. 02-4194 (4th Cir.) (343 F.3d 273) (September 11, 2003) (Judge Carolyn Dineen King)
In this case, citing the provisions of Rule 23(b) of the Fed.R.Crim.P., a divided panel held that the district court had committed structural error, requiring reversal without any showing of prejudice, by permitting, over the defendant’s objection, the trial to continue and the verdict to be rendered by only 11 ...
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