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U.S. v. ARMENDARIZ

Nos. 90-3140, 90-3160.

922 F.2d 602 (1990)

UNITED STATES of America, Plaintiff-Appellee, v. Oscar ARMENDARIZ, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Gabriel AGUIRRE, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied March 18, 1991.

Attorney(s) appearing for the Case

John J. Ambrosio, Topeka, Kan., for defendant-appellant Oscar Armendariz.

Joseph D. Johnson, Topeka, Kan. (Richard A. Winterbottom of Michael L. Stout & Associates, Albuquerque, N.M., with him on the briefs), for defendant-appellant Gabriel Aguirre.

Kurt J. Shernuk, Asst. U.S. Atty. (Lee Thompson, U.S. Atty. and Tanya J. Treadway, Asst. U.S. Atty., with him on the brief), Kansas City, Kan., for plaintiff-appellee the U.S.

Before SEYMOUR, MOORE and BRORBY, Circuit Judge.

Rehearing Denied in No. 90-3160 March 18, 1991.

JOHN P. MOORE, Circuit Judge.

In this consolidated appeal, codefendants Oscar Armendariz and Gabriel Aguirre assert they were denied the right to a fair trial and an impartial jury under the Sixth Amendment when the district court refused to grant a mistrial after a juror was improperly contacted by a third party. Codefendants also urge error in the district court's failure to suppress the contents of conversations...

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