United States v. Self, No. 11-1763 (3d Cir. 2012)
Annotate this CaseFollowing a controlled-buy involving a confidential informant, Haziz was charged with distribution of five grams or more of cocaine base, 21 U.S.C. 841(a)(1) and distribution of cocaine base within 1,000 feet of a public housing facility, 21 U.S.C. 860(a). He waived conflict for representation by a firm representing a co-defendant. When he withdrew consent, a new attorney was appointed. At trial, the judge denied a motion for a mistrial that was based on witness statements that Haziz was in jail, but used a cautionary instruction. After the jury was dismissed, an alternate juror told a deputy that jurors had stated that they went along with the verdict although they did not necessarily agree with it. The court informed counsel, but denied a motion to interview the alternate juror. Haziz was sentenced to 120 months. The Third Circuit affirmed the convictions, rejecting arguments based on disqualification of first defense counsel; denial of a mistrial; denial of the request to interview the alternate juror; refusal to adopt a “mitigating role” adjustment in sentencing; and the total weight of the drugs involved. The court vacated the sentence; the Fair Sentencing Act of 2010 applies and Haziz is not subject to a mandatory minimum sentence.
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