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U.S. v. COWAN

No. 86-3610.

819 F.2d 89 (1987)

UNITED STATES of America, Plaintiff-Appellee, v. Wayne COWAN, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 27, 1987.

Attorney(s) appearing for the Case

Francis King (Court appointed), Asst. Federal Public Defender, New Orleans, La., for defendant-appellant.

Robert Hamilton, Asst. U.S. Atty., John P. Volz, U.S. Atty., Doug Fraizer, Peter G. Strasser, Asst. U.S. Attys., New Orleans, La., for plaintiff-appellee.

Before JOLLY and DAVIS, Circuit Judges and FELDMAN District Judge.

W. EUGENE DAVIS, Circuit Judge:

Wayne Cowan appeals his conviction for distribution of cocaine and conspiracy to distribute cocaine. Cowan questions the propriety of the district court's ex parte communications with the jury. Because the district court's conduct impermissibly influenced the jury to return a verdict, we reverse Cowan's conviction.

I.

Wayne Cowan and co-defendant Chris Hebert visited a Shoney's Restaurant to arrange a cocaine sale...

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