Nos. 94-2117, 94-2118.

64 F.3d 11 (1995)

UNITED STATES, Appellee, v. Rafael GASTON-BRITO, Defendant-Appellant. UNITED STATES, Appellee, v. Daniel NUÑEZ, Defendant-Appellant.

United States Court of Appeals, First Circuit.

Decided August 30, 1995.

Attorney(s) appearing for the Case

Henry F. Furst, Union City, NJ, for appellant Daniel Núñez and Richard Ware Levitt, New York City, for appellant Rafael Gastón-Brito, were on joint brief.

José A. Quiles-Espinosa, Sr. Litigation Counsel, Crim. Div., U.S. Attorney's Office, Hato Rey, PR, with whom Guillermo Gil, U.S. Atty., Washington, DC, was on brief, for appellee.

Before TORRUELLA, Chief Judge, CYR and STAHL, Circuit Judges.

TORRUELLA, Chief Judge.

Daniel Núñez ("Núñez") and Rafael Gastón Brito ("Brito") appeal from jury convictions of conspiracy to possess cocaine with intent to distribute and possession of cocaine with intent to distribute, in violation of 21 U.S.C. §§ 841(a)(1) and 846. Both Brito and Núñez claim that the district court erred when it failed to investigate an alleged instance of jury misconduct, and that this failure necessitates...

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