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U.S. v. LAWHORNE

No. CR. 3:96cr139.

29 F.Supp.2d 292 (1998)

UNITED STATES of America v. Robert L. LAWHORNE.

United States District Court, E.D. Virginia, Richmond Division.

November 16, 1998.

Attorney(s) appearing for the Case

James B. Comey, Sara Flannery, United States Attorney's Office Richmond, VA, for U.S.

John A. Gibney, Richmond, VA, for Defendant.

MEMORANDUM OPINION

PAYNE, District Judge.

The defendant Robert L. Lawhorne has filed a MOTION FOR MISTRIAL BASED UPON IMPROPER CONTACT BETWEEN A GOVERNMENT PROSECUTOR AND A JUROR AT THE DEFENDANT'S TRIAL. For the reasons set forth below and, pursuant to Fed.R.Crim.P. 52(b), the verdict is set aside, the Judgment In A Criminal Case entered herein on December 12, 1997 is vacated and a new trial shall be had within the time set by 18 U.S.C. § 3161(e) if...

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