Quimbee logo
DMCA.com Protection Status
From our private database of 16,500+ case briefs...

United States v. Shinault

United States Court of Appeals for the Tenth Circuit
147 F.3d 1266 (1998)


Michael Shinault (defendant) robbed two different stores with a semi-automatic weapon and was charged with two counts of interfering with interstate commerce by robbery, known as the Hobbs Act, 18 U.S.C. § 1951, two counts of using or carrying a weapon during a crime of violence in violation of 18 U.S.C. § 924(c), and one count of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g)(1). After voir dire, a jury with no alternates was sworn. At that point, one of the jurors informed the judge that she had child-care responsibilities that would make it difficult for her to serve on the jury. The district court excused the juror and, without objection by either side, swore in another juror. The jury found Shinault guilty on all charges. The district court applied the Armed Career Criminal enhancement to Shinault’s sentence based on his previous criminal history. Shinault was sentenced to serve 562 months in prison and he appealed, arguing that the selection of the new juror violated the Double Jeopardy Clause of the Fifth Amendment and that his convictions under the Hobbs Act and 18 U.S.C. § 924(c) also violated the Double Jeopardy Clause.

Rule of Law


Holding and Reasoning (Tacha, J.)

Dissent (McKay, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 409,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 16,500 briefs, keyed to 223 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial