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United States of America v. Marc Jadlowe

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Before Lipez, Circuit Judge, Souter, Associate Justice, *fn1 and Howard, Circuit Judge.

LIPEZ, Circuit Judge. Appellant Marc Jadlowe raises multiple issues of substance in challenging his conviction on drug conspiracy charges. Most significantly, he argues that the district court committed structural error by instructing the jurors that they could discuss the case among themselves during the trial, before formal deliberations commenced. We agree that the instruction was erroneous. We conclude, however, that a showing of prejudice is necessary to justify a new trial based on premature jury discussions. As the record here shows beyond a reasonable doubt that the flawed instruction did not compromise the jury’s deliberative process, Jadlowe is not entitled to a new trial on that basis. We also find no reversible error in the suppression and evidentiary rulings that Jadlowe disputes. We therefore affirm the judgment of conviction.

I.

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