United States v. Shinault

147 F.3d 1266 (1998)

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United States v. Shinault

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

Facts

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

Issue

Holding and Reasoning (Tacha, J.)

Dissent (McKay, J.)

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