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081585P.pdf   01/29/2010  United States  v.  John Turpin
   U.S. Court of Appeals Case No:  08-1585
   U.S. District Court for the District of Minnesota - St. Paul   
   [PUBLISHED] [Chief Judge Loken, Author, with Hansen and Melloy,
   Circuit Judges]
Criminal Case - conviction. Claim that denial of motion to sever created a constitutional dilemna by forcing defendant to choose between preserving Fifth Amendment and testifying to his co-defendant's (and brother's) innocence (and subjecting him to cross-examination regarding criminal history) is without merit. Fifth Amendment was not implicated and denial of motion to sever did not result in clear prejudice. District court did not abuse its discretion in refusing jury instruction that not guilty by reason of insanity subjects defendant to involuntary civil commitment.