United States v. Lawrence Rodgers (94-6322) Claude Jackson (95-5105)

BATCHELDER, Circuit Judge,

concurring.

I concur in much of the reasoning and in the result reached in this opinion. I write separately simply to say that, as the majority opinion explicitly points out, the circumstances of this case raise none of the concerns connected with permitting a deliberating jury to review the transcript of trial testimony. That being the case, I think it does not behoove us to use this case to lay down the rule that the majority opinion announces.