MEMORANDUM OPINION AND ORDER
GEORGE HOWARD, Jr., District Judge.
On June 24, 1982, after a trial by jury, defendant was convicted of five counts of mail fraud and aiding and abetting. Sentencing was scheduled for August 23, 1982, so that a presentence report could be prepared. Trial counsel filed a motion for a new trial on June 29, 1982, alleging that the foreperson had slept through the jury instructions, there was a "distinct possibility" of discussion...
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