United States v. Zabriskie (Dean)

O’BRIEN, Circuit Judge.

Dean and Slade Zabriskie appeal the district court’s denial of their motion for new trial on the grounds (1) the jury lacked sufficient evidence to convict them of concealing and harboring a fugitive from arrest in violation of 18 U.S.C. § 1071, and (2) the district judge erred in giving a single juror a modified Allen instruction 1 during an ex parte colloquy with him while deliberations were proceeding. Exercising jurisdiction under 28 U.S.C. § 1291, we reverse and remand the matter to the district court for a new trial.

I. BACKGROUND

Dean Zabriskie, a criminal defense…