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United States of America v. Steven Perez

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ARGUED JANUARY 19, 2012-

Before KANNE, SYKES, and HAMILTON,Circuit Judges.

Steven Perez, along with a number of fellow gang members, was indicted for racketeering conspiracy. He originally stood trial with seven other co-defendants; the jury found each of the co-defendants guilty, but was unable to reach a verdict for Perez. The district court declared a mistrial as to Perez, and he was subsequently retried. When the case was given to the jury for deliberation, the government submitted a redacted indictment removing allegations against Perez’s former co-defendants, who were no longer on trial. Perez now argues that redacting the indictment to remove these extraneous allegations violates the Grand Jury Clause of the Fifth Amendment. Because we find that the trial court did not commit plain error, we affirm Perez’s conviction.

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