DISCLAIMER:  Any unofficial case summaries below are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

073725P.pdf   03/25/2009  Michael Sean Gianakos  v.  United States
   U.S. Court of Appeals Case No:  07-3725
   District of North Dakota - Fargo   
   [PUBLISHED] [Smith, Author, with Melloy and Bowman, Circuit Judges]
   Prisoner case - habeas. In light of the instructions in the case, the other
   admonitions given and the evidence of Gianakos's guilt, the trial court's
   defective admonition to the jury concerning premature deliberation did
   not prejudice Gianakos, and the court need not proceed to determine
   whether counsel was ineffective in failing to object to it.