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U.S. v. GONZALES

No. 15-50762.

841 F.3d 339 (2016)

UNITED STATES of America, Plaintiff-Appellee v. Anthony Ryan GONZALES; Stacey Louise Castillo, also known as Stacy Louise Castillo; Raymond Hernandez Olgin, Jr.; Rudolfo Romero Paredes, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 2, 2016.

Attorney(s) appearing for the Case

Joseph H. Gay, Jr. , Assistant U.S. Attorney, Mark Randolph Stelmach, Esq. , Assistant U.S. Attorney, U.S. Attorney's Office, San Antonio, TX, for Plaintiff-Appellee.

Allen Ray Stroder , Law Offices of Allen R. Stroder, Odessa, TX, Nelson Ebaugh, Esq. , Houston, TX, Evers Jason Leach , Law Office of E. Jason Leach, Odessa, TX, Alexander Lee Calhoun , Austin, TX, for Defendants-Appellants.

Before WIENER, CLEMENT, and COSTA, Circuit Judges.

Special jury questions, common in civil trials, have long been disfavored in criminal law. That aversion dates back to the pre-Founding common law, which considered special questions to be an intrusion on the jury's prerogative to give an up/ down vote on guilt with no explanation. United States v. Desmond,

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