Brief of Amicus Curiae National Association of Criminal Defense Lawyers in Support of Appellant and Urging Reversal.
Argument: The removal of juror 12 violated the fundamental rights to trial by jury and to a unanimous verdict. The applicable legal principles: The "No Reasonable Possibility" standard. The district court violated defendant's rights under the Sixth Amendment and Fed. R. Crim. P. 31(a). The district court should have refused to send the speaking indictment to the jury during deliberations.