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U.S. v. DURHAM

Nos. 96-5107, 96-5108 and 96-5118.

139 F.3d 1325 (1998)

UNITED STATES of America, Plaintiff-Appellee-Cross-Appellant, v. Monson Lee DURHAM, also known as Lee Durham, Defendant-Appellant Cross-Appellee. UNITED STATES of America, Plaintiff-Appellee, v. Danny Ray EVANS, also known as Danny Taylor, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

March 24, 1998.

Attorney(s) appearing for the Case

Jenine M. Jensen, Assistant Federal Public Defender (Michael J. Katz, Federal Public Defender with her on the briefs), Denver, CO, for Defendants — Appellants Durham and Evans.

Allen J. Litchfield, Assistant United States Attorney (Stephen C. Lewis, United States Attorney and Ann P. Dooley, Assistant United States Attorney, on the Brief), Tulsa, OK, for Plaintiff — Appellee.

Before TACHA, LUCERO and MURPHY, Circuit Judges.

LUCERO, Circuit Judge.

Today we are asked to consider the requirements for waiver of a defective jury composition, what constitutes sufficient evidence of materiality under 18 U.S.C. § 1623, whether it is appropriate to issue a false exculpatory statement instruction when the defendant is charged with perjury, and whether it is misconduct for the government to request a modification to an official transcript without...

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