U.S. v. NUNEZ

Nos. 88-2089, 88-2090.

889 F.2d 1564 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel NUNEZ (88-2089) and Ernesto Rodriguez (88-2090), Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided November 22, 1989.


Attorney(s) appearing for the Case

Donald A. Davis, Asst. U.S. Atty. (argued), John C. Bruha, Grand Rapids, Mich., for U.S.

Robert F. Mirque (argued), Grand Rapids, Mich., for Miguel Nunez.

Riccardo D. Arcaro (argued), Southfield, Mich., for Ernesto Rodriguez.

Before KENNEDY and WELLFORD, Circuit Judges, and LIVELY, Senior Circuit Judge.


LIVELY, Senior Circuit Judge.

Disposition of this appeal turns on the response given by the trial court to an inquiry from the jury during deliberations in a criminal case. The court refused to answer two written questions, but reread its earlier instructions on the law of conspiracy. We conclude that the court erred in failing to answer the questions, and that the error was harmless as to one defendant, but prejudicial as to the other.

I.

Nunez...

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