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Jury May Have Had Input in Federal Sentence

A District Court's ex parte, post-verdict conversation with members of the jury prior to fixing sentence was not plain error, in that there was no reasonable likelihood that the sentence would have been different had the court not talked with the jury. The court noted that it had heard all the evidence and had reached its own conclusions as to credibility. The court stated that it was particularly influenced by the fact that the victim had been shot in the back and other considerations. The court sentenced the defendant to the middle of the advisory Sentencing Guidelines range for voluntary manslaughter.

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