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United States v. Sorenson

United States Court of Appeals, Eighth Circuit
Dec 12, 1979
611 F.2d 701 (8th Cir. 1979)

Opinion

No. 79-1678.

Submitted December 7, 1979.

Decided December 12, 1979.

Gregory A. Gaut, Minneapolis, Minn., for appellant.

Francis X. Hermann, Asst. U.S. Atty., Minneapolis, Minn., for appellee; Thorwald H. Anderson, Jr., U.S. Atty., Minneapolis, Minn., and Robert J. Leinweber, Legal Intern, on brief.

Appeal from the United States District Court for the District of Minnesota.

Before HEANEY and HENLEY, Circuit Judges, and SCHATZ, District Judge.

THE HONORABLE ALBERT G. SCHATZ, United States District Judge, District of Nebraska, sitting by designation.


Gregory Herbert Sorenson was convicted in federal district court for violating 18 U.S.C. § 2113(a) (bank robbery) and sentenced to twelve years imprisonment. The defendant brought a motion for a new trial based on two grounds: (1) the trial court's instructions to the jury were erroneous in that they improperly commented on the evidence and incorrectly defined guilt beyond a reasonable doubt by using the word "probability"; and (2) one of the jurors was observed sleeping through portions of the trial. The defendant appeals on these same two grounds.

We refuse to reverse the conviction on either ground because counsel for defendant did not object at the time of trial. Indeed, after the jury had been instructed, the trial court specifically asked counsel if they had "any suggestions, observations, objections or anything of that kind" and defendant's counsel said he saw no problems. Failure to object to jury instructions at the time of trial constitutes a waiver of the objection. See United States v. Collins, 552 F.2d 243 (8th Cir.), cert. denied, 434 U.S. 870, 98 S.Ct. 214, 54 L.Ed.2d 149 (1977). Similarly, objections based on jury misconduct during the trial cannot be raised for the first time on appeal when counsel did not apprise the trial court of the alleged misconduct at trial. See United States v. Hester, 489 F.2d 48 (8th Cir. 1973).

Moreover, we have read the district court's instructions and comments to the jury and are satisfied that, read as a whole, they were not erroneous. Accordingly, we affirm.


Summaries of

United States v. Sorenson

United States Court of Appeals, Eighth Circuit
Dec 12, 1979
611 F.2d 701 (8th Cir. 1979)
Case details for

United States v. Sorenson

Case Details

Full title:UNITED STATES OF AMERICA, APPELLEE, v. GREGORY HERBERT SORENSON, APPELLANT

Court:United States Court of Appeals, Eighth Circuit

Date published: Dec 12, 1979

Citations

611 F.2d 701 (8th Cir. 1979)

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