112215P.pdf   07/09/2012  United States  v.  John Fitzgerald Wallette
   U.S. Court of Appeals Case No:  11-2215
   U.S. District Court for the District of North Dakota - Bismarck   
   [PUBLISHED] [Smith, Author, with Riley, Chief Judge, and Wollman,
   Circuit Judge]
   Criminal case - Criminal law and Sentencing. Loss of defense exhibit
   did not require the granting of a mistrial as the record showed all of the
   trial exhibits were given to the jury at the beginning of their deliberations
   and it was reasonable to conclude that the jury had the opportunity to
   review the exhibit; even if the exhibit was not given to the jury, defendant
   has failed to show loss of the exhibit, a doctor's report, resulted in a
   miscarriage of justice; district court did not err in imposing special
   conditions of supervision which included lifetime bans on alcohol
   consumption and possession of sexually explicit materials. Judge
   Wollman, concurring.