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U.S. v. YBARRA

No. 08-3137.

580 F.3d 735 (2009)

UNITED STATES of America, Appellee, v. Armando YBARRA, also known as Armando Ybarra Reta, also known as Armando Reta Ybarra, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 8, 2009.

Attorney(s) appearing for the Case

Jeffrey M. Bryan, AUSA, argued and briefed, Minneapolis, MN, for Appellee.

Douglas A. Myren, argued and briefed, Minneapolis, MN, for Appellant.

Before COLLOTON, JOHN R. GIBSON, and BEAM, Circuit Judges.

COLLOTON, Circuit Judge.

Armando Ybarra appeals his conviction on one count of conspiracy to distribute less than 100 kilograms of marijuana. He argues that the district court's supplemental charge to the jury, based on Allen v. United States, 164 U.S. 492, 501, 17 S.Ct. 154, 41 L.Ed. 528 (1896), impermissibly coerced a guilty verdict. We affirm the judgment of the district court.1

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