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UNITED STATES v. COOK

No. 81-1543.

663 F.2d 808 (1981)

UNITED STATES of America, Appellee, v. Gerald COOK, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided November 12, 1981.

Attorney(s) appearing for the Case

Glenn P. Binder, Philip G. Villaume, Saint Paul, Minn., for appellant.

John M. Lee, Janice M. Symchych, Asst. U. S. Attys., Dist. of Minn., Minneapolis, Minn., Gerald Weinrich, Legal Intern, for appellee.

Before GIBSON, Senior Circuit Judge, and ROSS and STEPHENSON, Circuit Judges.

PER CURIAM.

The sole issue in this appeal is whether a modified Allen1 jury instruction, which was given by the district court2 after the jury had deliberated for approximately five and one-half hours over a two-day period, had a sufficiently coercive effect on the jury which convicted appellant Cook so as to constitute plain error. We hold that the instruction was not unduly coercive under the circumstances...

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