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United States v. Nelson

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Argued: Wednesday May 3, 2000

Supplemental Argument: Tuesday January 9, 2001

Defendants appeal their convictions and sentences, following a jury trial, for violating 18 U.S.C. � 245(b)(2)(B). Defendants argue first that � 245(b)(2)(B) is unconstitutional, and that even if the statute is valid their convictions under it are not. We conclude that � 245(b)(2)(B) is constitutional and that the evidence presented at trial is sufficient to support defendants’ convictions under the statute. Accordingly, we reject defendants’ contention that we should order the district court to enter a judgment of acquittal. Defendants further argue that the district court committed reversible error in empaneling the jury that convicted them. We accept defendants’ argument in this connection and therefore VACATE the verdict of conviction and REMAND the case to the district court for a new trial before a properly selected, impartial jury.

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