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U.S. v. BERRY

No. 97-1756.

133 F.3d 1020 (1998)

UNITED STATES of America, Plaintiff-Appellee, v. Walter BERRY, Jr., Defendant-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided January 14, 1998.

Attorney(s) appearing for the Case

Suzanne M. Wissmann (argued), Office of the United States Attorney, Criminal Division, Fairview Heights, IL, for Plaintiff-Appellee.

Paul G. Christenson (argued), Murphysboro, IL, for Defendant-Appellant.

Before EASTERBROOK, DIANE P. WOOD, and EVANS, Circuit Judges.

EVANS, Circuit Judge.

So far, in two appeals to us in this case, Walter Berry, Jr. is batting a slick .500. Today, his average slips to .333.

Berry was indicted in 1994 on two counts of distributing crack cocaine in early September of 1993. A jury decided he was guilty on one of the counts and not guilty on the other. After the verdict was returned it was discovered that the trial was futzed up because copies of the government's transcription of a tape-recorded...

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