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U.S. v. BERROA

Nos. 02-15469, 02-16114.

374 F.3d 1053 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Miguel BERROA, Ariasmendy Pilier, Felix Esteban Thomas, Defendants-Appellants. United States of America, Plaintiff-Appellee, v. Felix Esteban Thomas, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 25, 2004.

Attorney(s) appearing for the Case

William D. Matthewman (Court-Appointed), William D. Matthewman, P.A., Boca Raton, FL, Michael G. Smith (Court-Appointed), Fort Lauderdale, FL, Richard Alan Moore (Court-Appointed), Richard A. Moore, P.A., Miami, FL, for Defendants-Appellants.

Robert B. Cornell, Anne R. Schultz, U.S. Atty., Miami, FL, Phillip DiRosa, Ft. Lauderdale, FL, for Plaintiff-Appellee.

Before WILSON and COX, Circuit Judges, and GEORGE, District Judge.

GEORGE, District Judge:

During deliberations following an eight day criminal trial, the jury sent two notes to the district court indicating it had decided some counts but could not agree on others. In response to the first note, the district court gave a modified Allen charge. Following the second note, the district court convened the parties, received the jury's verdict acquitting the defendants of the decided counts and declared a mistrial on the undecided...

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