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U.S. v. RESKO

Nos. 92-3405, 92-3484.

3 F.3d 684 (1993)

UNITED STATES of America, Appellee, v. Joseph John RESKO, Juan Hernandez, Luis Faustino Hidalgo, Jesus Cepeda, Jr., Luis Faustino Hidalgo, Appellant No. 92-3405, Jesus Cepeda, Jr., Appellant No. 92-3484.

United States Court of Appeals, Third Circuit.

Decided August 24, 1993.

Attorney(s) appearing for the Case

Thomas W. Corbett, Jr., U.S. Atty., Michael L. Ivory, Asst. U.S. Atty., Paul J. Brysh, Asst. U.S. Atty., Bonnie R. Schlueter, (argued), Asst. U.S. Atty., Pittsburgh, PA, for appellee.

William C. Kaczynski (argued), Pittsburgh, PA, for Luis Faustino Hidalgo, appellant in No. 92-3405.

Thomas S. White, Federal Public Defender, Karen Sirianni Gerlach (argued), Asst. Federal Public Defender, Pittsburgh, PA, for Jesus Cepeda, Jr., appellant in No. 92-3484.

Before BECKER, GREENBERG, Circuit Judges and ROBINSON, District Judge.

OPINION OF THE COURT

BECKER, Circuit Judge.

This appeal by defendants Luis F. Hidalgo and Jesus Cepeda, Jr. raises an important issue concerning the appropriate remedy for juror misconduct discovered mid-trial. On the seventh day of a nine-day trial, the district court learned that jurors, in disregard of the district court's admonition, had been discussing the case among themselves. The court responded by distributing...

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