No. 94-3717.

64 F.3d 305 (1995)

UNITED STATES of America, Plaintiff-Appellant, v. Walter BERRY, Jr., Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 28, 1995.

Attorney(s) appearing for the Case

Ralph M. Friederich, Asst. U.S. Atty., Thomas Leggans (argued), Office of U.S. Atty., Crim. Div., Fairview Heights, IL, for plaintiff-appellant.

Patricia Littleton (argued), Carbondale, IL, for defendant-appellee.

Before KANNE and ROVNER, Circuit Judges, and SHABAZ, District Judge.

KANNE, Circuit Judge.

A jury convicted Walter Berry of one count of unlawful delivery of crack cocaine and acquitted him of an additional count of the same offense. Berry moved for a new trial, alleging that the court improperly allowed the jury to have copies of the government's transcription of a tape-recorded conversation during their deliberations. A new trial was granted and the government appeals.

Use of the Transcription at Trial

The tape...

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