The court of appeals affirmed a judgment of the district court. The court held that ordering supplemental closing argument to a deadlocked jury without giving an Allen charge and without asking the jury to identify areas of factual disagreement did not result in an impermissibly coerced guilty verdict.

Rosa Della Porta worked as a bookkeeper for a labor union. Della Porta was responsible for maintaining the receipt books of the union and for depositing various cash and check payments received by the union into its bank accounts. An auditor discovered that many of those cash payments had not been deposited into the union accounts. Della Porta was charged with one count of embezzlement and theft of labor union assets under 29 U.S.C. §501(c).