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U.S. v. HALL

Nos. 96-2930, 96-1386.

116 F.3d 1253 (1997)

UNITED STATES of America, Appellant, v. Everett Kyle HALL, Also Known as Eric, Also Known as Shorty; Roy Lee Hall; and Randall Joe Hall, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided July 7, 1997.

Attorney(s) appearing for the Case

Michael Fagan, St. Louis, MO, argued, for appellant.

Thomas Carver, Springfield, MO, for Everett Kyle Hall.

Michael Baker, Springfield, MO, for Randall Joe Hall.

John H. Kizer, Springfield, MO, for Roy Hall.

Before FAGG, Circuit Judge, HEANEY, Senior Circuit Judge, and MORRIS SHEPPARD ARNOLD, Circuit Judge.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

The government appeals from an order granting a new trial to defendants Everett Kyle Hall, Roy Lee Hall, and Randall Joe Hall because the jury was exposed to prejudicial extrinsic matter. We find that the extrinsic matter was harmless beyond a reasonable doubt and thus reverse the order for a new trial. We remand for sentencing pursuant to the judgments of "guilty" originally entered.

I.

The trial court originally...

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