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U.S. v. CHEYENNE

No. 87-5280.

855 F.2d 566 (1988)

UNITED STATES of America, Appellee, v. Gary CHEYENNE, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided August 26, 1988.

Attorney(s) appearing for the Case

G. Verne Goodsell, Rapid City, S.D., for appellant.

Robert A. Mandel, Asst. U.S. Atty., Rapid City, S.D., for appellee.

Before ARNOLD, Circuit Judge, ROSS and TIMBERS, Senior Circuit Judges.

ARNOLD, Circuit Judge.

Gary Cheyenne appeals from his conviction under 18 U.S.C. §§ 1111 and 1153 for second-degree murder. The only issue on appeal involves the jury's unauthorized use of a pocket dictionary during its deliberations. We find no abuse of discretion in the District Court's1 determination that this improper jury conduct did not affect Cheyenne's substantial rights, and so we affirm.

Cheyenne was indicted...

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