UNITED STATES v. MIRKIN

No. 80-1442.

649 F.2d 78 (1981)

UNITED STATES of America, Appellee, v. Gordon S. MIRKIN, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided May 27, 1981.


Attorney(s) appearing for the Case

Albert F. Cullen, Jr., Boston, Mass., with whom Cullen & Wall, Boston, Mass., was on brief, for defendant-appellant.

Elliot D. Lobel, Asst. U. S. Atty., Boston, Mass., with whom Edward F. Harrington, U. S. Atty., Boston, Mass., was on brief, for appellee.

Before CAMPBELL, BOWNES and BREYER, Circuit Judges.


BOWNES, Circuit Judge.

This is an appeal by defendant Gordon S. Mirkin from the district court's denial of his motion for a new trial based on an allegation of juror misconduct. There are two issues: whether the trial judge should have recused himself from hearing and deciding the motion, and whether he conducted a proper investigation of the claim of juror misconduct.

A full exposition of the facts relative to the motion for a new trial is necessary. Defendant...

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