U.S. v. Smith

In prosecution on drug distribution charge, defendant waived any alleged error with respect to Dist. Ct.’s instruction to jury to keep on deliberating case in response to juror’s request to be removed from jury because he could not “make sound” decision on case. Prior to sending instruction to jury, defense counsel stated “perfect” in response to Dist. Ct.’s question as to whether said instruction was appropriate. Ct. further noted that bare instruction to keep deliberating would not warrant reversal of jury’s guilty verdict, even though Dist. Ct. had failed to also give for fourth time Silvern instruction that reminded jury to hold onto their convictions.