UNITED STATES v. KUPAU

No. 84-1034.

781 F.2d 740 (1986)

UNITED STATES of America, Plaintiff-Appellee, v. Walter H. KUPAU, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided January 28, 1986.

As Amended March 25, 1986.


Attorney(s) appearing for the Case

Mark J. Bennett, Asst. U.S. Atty., Honolulu, Hawaii, for plaintiff-appellee.

Addison M. Bowman, Pyun, Okimoto, & Fukumoto, Honolulu, Hawaii, for defendant-appellant.

Before WALLACE, HUG, and SCHROEDER, Circuit Judges.


HUG, Circuit Judge:

Walter H. Kupau appeals his convictions for three counts of perjury under 18 U.S.C. § 1621 (1982) and three counts of false declaration under 18 U.S.C. § 1623 (1982). Kupau maintains that he was denied a fair trial because the district court (1) allowed an FBI agent to play tapes for the jury with no one present to record communication between the jury and the agent, (2) communicated ex parte with the jury, (3) contaminated the...

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