United States v. Miguel Nunez (88-2089) and Ernesto Rodriguez (88-2090)

LIVELY, Senior Circuit Judge.

Disposition of this appeal turns on the response given by the trial court to an inquiry from the jury during deliberations in a criminal case. The court refused to answer two written questions, but reread its earlier instructions on the law of conspiracy. We conclude that the court erred in failing to answer the questions, and that the error was harmless as to one defendant, but prejudicial as to the other.

I

Nunez and Rodriguez appeal from conviction of both defendants for drug offenses. The first count of a six-count indictment charged Nunez and Rodriguez with…