United States Tenth Circuit

A conviction for conspiracy to use an interstate commerce facility in the commission of a murder-for-hire is affirmed over claims that the district court: 1) improperly instructed the jury as to an element of the offense; and 2) abused its discretion in failing to hold an evidentiary hearing to determine whether a conversation between a deputy clerk and a juror was improper.

Appellate Information

• Decided 01/23/2007
• Published 01/24/2007

Judges

• KELLY, Circuit Judge., Before KELLY, MURPHY, and HOLMES, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Barry L. Derryberry, Research and Writing Specialist (and Paul D. Brunton, Federal Public Defender, Office of the Federal Public Defender, with him on the briefs), Tulsa, OK, for Defendant-Appellant., Dennis A. Fries, Assistant United States Attorney (and Sheldon J. Sperling, United States Attorney, with him on the brief), Muskogee, OK, for Plaintiff-Appellee.