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U.S. v. COLOMBO

No. 613, Docket 88-1266.

869 F.2d 149 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. Anthony COLOMBO, Vincent Colombo, Joseph Colombo, Jr., Peter Ludovico, Philip Rossillo, Alphonse Merolla, William F.X. Klan, Antonio Lo Piccolo, Frank Sparaco, Michael Detore, Vincent Casucci, Frank Buscemi, John De Liso, Vincent La Rosa, Joseph La Rosa, Salvatore Clemente, Thomas Di Donato, Salvatore Cardella, Joseph La Bella, Joseph Rudd, Jerome Baptist, Leslie Kaye, John Lombardo, Vincent Delandro, Frank Frisone, Defendants. Appeal of William F.X. KLAN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided February 23, 1989.

Attorney(s) appearing for the Case

Thomas M. Buchanan, Washington, D.C. (Joseph P. Esposito, Neil J. Welch, Jr., Heron, Burchette, Ruckert & Rothwell, Washington, D.C., of counsel), for defendant-appellant.

Frank J. Marine, U.S. Dept. of Justice, Washington, D.C. (Andrew J. Maloney, U.S. Atty., E.D.N.Y., Michael Guadagno, Sp. Atty., U.S. Dept. of Justice, Brooklyn, N.Y., of counsel), for plaintiff-appellee.

Before KEARSE, CARDAMONE and WINTER, Circuit Judges.

WINTER, Circuit Judge:

This appeal principally concerns a juror's alleged misconduct. It is claimed that one member of the jury that convicted appellant deliberately violated her oath during the voir dire by failing to disclose that her brother-in-law was a government attorney and that she did so in order to sit on this case. We remand for a finding of fact as to whether her brother-in-law is a government attorney. If it is found that he is, appellant's conviction...

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