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U.S. v. MONTES

Nos. 08-10539, 08-10559.

628 F.3d 1183 (2011)

UNITED STATES of America, Plaintiff-Appellee, v. Ricardo Ruiz MONTES, Defendant-Appellant. United States of America, Plaintiff-Appellee, v. Luke Scarmazzo, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Filed January 4, 2011.

Attorney(s) appearing for the Case

Gary L. Huss, Esq. , (argued), Law Offices of Gary Huss, Fresno, CA, for defendant-appellant Ricardo Montes.

Katherine L. Hart, Esq. , (argued), Law Offices of Katherine L. Hart, Fresno, CA, for defendant-appellant Luke Scarmazzo.

Kathleen A. Servatius , Assistant U.S. Attorney, (argued), Office of the U.S. Attorney, Fresno, CA, Elana Landau, Esq. , Office of the U.S. Attorney, Fresno, CA, for plaintiff-appellee United States of America.

Before: BETTY B. FLETCHER, RICHARD C. TALLMAN, and JOHNNIE B. RAWLINSON, Circuit Judges.

OPINION

TALLMAN, Circuit Judge:

Upon a post-verdict allegation of juror misconduct, a district court should ordinarily hold an evidentiary hearing to determine the nature of the misconduct and whether or not there was a reasonable possibility that it could have affected the jury's verdict. However, an evidentiary hearing is not mandated every time there is an allegation of juror misconduct. Because this is one of the cases where a district court could adequately...

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