The following excerpt is from United States v. Allison, 414 F.2d 407 (9th Cir. 1969):
5 Since the jury had already been impaneled and sworn, the motion was also untimely. See Nardone v. United States, 308 U.S. 338, 341-342, 60 S.Ct. 266, 84 L.Ed. 307 (1939).
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