United States v. Kramer ( 2004 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT September 21, 2004
Charles R. Fulbruge III
Clerk
No. 03-41435
Summary Calendar
UNITED STATES OF AMERICA,
Plaintiff-Appellee,
versus
DAVID KRAMER,
Defendant-Appellant.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 4:02-CR-110-ALL
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Before DAVIS, SMITH, DENNIS, Circuit Judges.
PER CURIAM:*
David Kramer was convicted by a jury of making false
statements to a government agent. He argues that the district
court’s charge to the jury to continue deliberations in an effort
to reach a verdict was an impermissible abbreviated Allen** charge
and that the court erred in failing to notify counsel of its
intention to give the charge.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
**
See Allen v. United States, 164 U.S. 492 (1896).
No. 03-41435
-2-
Giving Kramer the benefit of the doubt that the court did not
confer with counsel prior to giving the supplemental charge, the
court’s failure to consult with counsel was error. However, any
error was harmless. United States v. McDuffie, 542 F.2d 236, 241
(5th Cir. 1976). The district court’s charge to the jury to
continue deliberations was not an abuse of discretion, and Kramer’s
challenge with respect to the charge is without merit. See United
States v. Warren, 594 F.2d 1046, 1050 (5th Cir. 1979); United
States v. Straach, 987 F.2d 232, 242 (5th Cir. 1993). The judgment
of the district court is affirmed.
AFFIRMED.