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U.S. v. PETERSON

Docket Nos. 02-1313(L), 03-1187(CON).

385 F.3d 127 (2004)

UNITED STATES of America, Appellee, v. Sabrina PETERSON, Shirley Ann Davenport, Lonzo Harden, Defendants, Art Williams, Roland Onaghinor, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided: October 5, 2004.

Attorney(s) appearing for the Case

Frank H. Sherman, Assistant United States Attorney, Rochester, NY, for Appellee (Michael A. Battle, United States Attorney for the Western District of New York, on the brief).

Mark D. Hosken, Assistant Federal Defender for the Western District of New York, Rochester, NY, for Defendant-Appellant Art Williams (Jay S. Ovsiovitch, of counsel, on the brief).

Jeffrey Wicks, Jeffrey Wicks, PLLC, Rochester, NY, for Defendant-Appellant Roland Onaghinor.

Before: CARDAMONE, JACOBS, Circuit Judges, and KORMAN, District Judge

KORMAN, Chief Judge.

Art Williams and Roland Onaghinor were convicted for their roles in a conspiracy to distribute heroin. Both appeal from their judgments of conviction on the ground that the trial judge mishandled a note from the jury that revealed jury misconduct. Specifically, they claim that the judge insufficiently questioned the jurors regarding possible jury taint and that the judge improperly met with one juror and with defense counsel without defendants...

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