U.S. v. WINTERS

No. 95-60093.

105 F.3d 200 (1997)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, Appellant-Cross-Appellee, v. Terry Lynn WINTERS, Defendant-Appellant-Cross-Appellee, and David Edward Johns, Defendant-Appellee-Cross-Appellant.

United States Court of Appeals, Fifth Circuit.

January 23, 1997.


Attorney(s) appearing for the Case

John R. Hailman, Alfred E. Moreton, III, Thomas W. Dawson, Office of the United States Attorney, Oxford, MS, Dennis J. Dimsey, U.S. Department of Justice, Washington, DC, Louis Emmanuel Peraertz, U.S. Department of Justice, Appellate Section, Civil Rights Division, Washington, DC, for U.S.

James Preston Vance, Grenada, MS, for Winters.

William J. Clayton, Clayton & Vance, Batesville, MS, for Johns.

Before JONES and WIENER, Circuit Judges, and FURGESON, District Judge.


FURGESON, District Judge:

Appellant-Cross Appellee Terry Lynn Winters ("Winters") appeals from his conviction in the court below on the grounds (1) that the district court's modified Allen1 charge was a misstatement of law and (2) that his conviction was against the weight of the evidence. Appellant-Cross Appellee David Edward Johns ("Johns") appeals on the ground that count nine of his indictment was duplicitous in violation of...

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