Should certiorari be granted where the District Court discharged a juror, without 'good cause' under rule 23(b)(3) of the Federal Rules of Criminal Procedure, and accepted an 11-juror verdict, even though it made no judicial inquiry into the nature of her illness or the timing of her return, and did not even know if the juror, who complained of mere dizziness, could return to court later the same day?

QUESTIONS PRESENTED 1. Should certiorari be granted where the District Court discharged a juror, without “good cause” under rule 23(b)(3) of the Federal Rules of Criminal Procedure, and accepted an 11-juror verdict, even though it made no judicial inquiry into the nature of her illness or the timing of her return, and did not even know if the juror, who complained of mere dizziness, could return to court later the same day? 2. Should certiorari be granted where the District Court refused to discharge a juror who was pregnant, crying, and pleading to be excused, because that deprived Petitioner of his right to a properly functioning Sixth Amendment jury that deliberates calmly and rationally, based on the facts and the law? 3. Should certiorari be granted because the District Court failed to discharge a juror who was sleeping, which deprived Petitioner of his Sixth Amendment right to a properly functioning jury, that listens to the facts at trial? 4. Should Certiorari be granted because the District Court violated Petitioner’s due process rights when it misdefined reasonable doubt by i instructing the jury that, if it viewed the evidence as a “toss-up,” it should find him not guilty? ii