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U.S. v. BENEDICT

No. 96-1369.

95 F.3d 17 (1996)

UNITED STATES of America, Appellee, v. Derek Edward BENEDICT, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided September 11, 1996.

Attorney(s) appearing for the Case

Robert D. Richman, argued, Minneapolis, Minnesota, for appellant.

D. Gerald Wilhelm, argued, Minneapolis, Minnesota (David L. Lillehaug, on the brief), for appellee.

Before FAGG, LAY, and HEANEY, Circuit Judges.

HEANEY, Circuit Judge.

Derek Edward Benedict, convicted of one count of a multi-count indictment, argues that the court erred by instructing the jury to announce verdicts on three counts before it had ended its deliberations on one closely-related count. We reverse and remand.

I.

Benedict was charged in a four-count indictment with conspiracy to burglarize a post office in violation of 18 U.S.C. § 371 (Count I), conspiracy to steal post office...

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