AVILA ET AL.

v.

UNITED STATES

Citator

Cited By (43 total)

• United States v. Robinson, 560 F.2d 507 (2d Cir. 1977)
  …med the judge that it cannot agree . . . but also when [as in the present case] the judge has learned that the jury was deadlocked 11 to 1 in favor of conviction. . . . ” United States v. Martinez, 446 F. 2d 118, 119-20 (2d Cir. 1971), cert. denied, 404 U.S. 944, 92 S.Ct. 297, 30 L.Ed.2d 259 (1971). As Judge Moore stated in United States v. Meyers, 410 F. 2d 693, 697 (2d Cir.), where the jury also had advised the trial judge it was deadlocked 11 to 1: “The judge’s warning that ‘under no circumstances must…
• United States v. Bermudez, 526 F.2d 89 (2d Cir. 1975)
  …tates v. Rao, 394 F. 2d 354, 355 (2d Cir. 1968). See also United States v. Tyers, 487 F. 2d 828, 832 (2d Cir. 1973), cert. denied, 416 U.S. 971, 94 S.Ct. 1995, 40 L.Ed.2d 560 (1974); United States v. Martinez, 446 F. 2d 118 (2d Cir.), cert. denied, 404 U.S. 944, 92 S.Ct. 297, 30 L.Ed.2d 259 (1971). We can find nothing in the charge in this case which exceeds this permissible encouragement to the jurors to pursue their deliberations toward a verdict, if possible, in order to avoid the expense and delay of a…
• United States v. Sutherland, 656 F.2d 1181 (5th Cir. 1981)
  …to the sound discretion of the trial judge.” United States v. Mendoza, 574 F. 2d 1373, 1378 (5th Cir.), cert. denied, 439 U.S. 988, 99 S.Ct. 584, 58 L.Ed.2d 661 (1978), quoting United States v. Avila, 443 F. 2d 792, 795-96 (5th Cir.), cert. denied, 404 U.S. 944, 92 S.Ct. 295, 30 L.Ed.2d 258 (1971). We perceive no abuse of discretion in this case. In the third place, the defendants challenge the court’s submission to the jury of the government’s written transcript of the tapes.15 The defendants argue, in […