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U.S. v. ZABRISKIE

Nos. 02-4228, 02-4225.

415 F.3d 1139 (2005)

UNITED STATES of America, Plaintiff-Appellee, v. Slade D. ZABRISKIE, also known as Slade Dean Zabriskie, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Dean N. Zabriskie, also known as Dean Calloway Zabriskie, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

July 14, 2005.

Attorney(s) appearing for the Case

Diana Hagen, Assistant United States Attorney, (Paul M. Warner, United States Attorney, and Michael S. Lee, Assistant United States Attorney, with her on the brief), Salt Lake City, UT, for Plaintiff-Appellee.

G. Fred Metos, Salt Lake City, UT, for Defendants-Appellants.

Before SEYMOUR, McKAY, and O'BRIEN, Circuit Judges.

O'BRIEN, Circuit Judge.

Dean and Slade Zabriskie appeal the district court's denial of their motion for new trial on the grounds (1) the jury lacked sufficient evidence to convict them of concealing and harboring a fugitive from arrest in violation of 18 U.S.C. § 1071, and (2) the district judge erred in giving a single juror a modified Allen instruction1 during an ex parte colloquy with him while deliberations were...

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