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U.S. v. CUNNINGHAM

No. 96-1727.

108 F.3d 120 (1997)

UNITED STATES of America, Plaintiff-Appellant, v. Rufus A. CUNNINGHAM, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided February 26, 1997.

Attorney(s) appearing for the Case

Joel D. Bertocchi (argued), Office of the United States Attorney, Criminal Division, Chicago, IL, Barry Rand Elden, Chief of Appeals, Office of the United States Attorney, Criminal Appellate Division, Chicago, IL, for U.S.

Lynn C. Hartfield (argued), Office of the Federal Defender Program, Chicago, IL, Adam P. Merrill, Kirkland & Ellis, Chicago, IL, for Rufus A. Cunningham.

Before POSNER, Chief Judge, and WOOD, Jr., and CUDAHY, Circuit Judges.

CUDAHY, Circuit Judge.

When a jury returns a verdict, it does not supply its reasons. The jury deliberates, in private, attempting to follow its instructions. Eventually, the jury delivers a one-or two-word verdict: "guilty" or "not guilty." "[A] juror may not testify as to any matter or statement occurring during the course of the jury's deliberations." Fed.R.Evid. 606(b). When a defendant challenges the verdict, in a motion to set it aside, the verdict must be upheld...

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