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UNITED STATES v. SILVERN

No. 72-1133.

484 F.2d 879 (1973)

UNITED STATES of America, Plaintiff-Appellee, v. Harold SILVERN, Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided August 7, 1973.

Attorney(s) appearing for the Case

James P. Chapman, Chicago, Ill., Thomas P. Sullivan, Peter A. Flynn, Chicago, Ill., for defendant-appellant.

James R. Thompson, U. S. Atty., William T. Huyck, Arnold Kanter, Asst. U. S. Attys., Chicago, Ill., for plaintiff-appellee.

Before SWYGERT, Chief Judge, DUFFY, Senior Circuit Judge, and KILEY, FAIRCHILD, CUMMINGS, PELL, STEVENS and SPRECHER, Circuit Judges.

Reheard En Banc May 25, 1973.

SPRECHER, Circuit Judge.

This case has been reheard en banc in an attempt to establish greater certainty in district courts in this Circuit, and to conserve judicial energy by possibly avoiding appeals and retrials, in regard to the giving of the so-called Allen or "dynamite" charge as a supplemental instruction to a deadlocked jury.

The Allen instruction was approved by the Supreme Court in Allen v. United States,

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