U.S. v. RUTHERFORD

No. 03-10158.

371 F.3d 634 (2004)

UNITED STATES of America, Plaintiff-Appellee, v. Martin P. RUTHERFORD; Nanja Rutherford, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 10, 2004.


Attorney(s) appearing for the Case

Kevin Mirch, Mirch & Mirch, Reno, NV, for defendants-appellants.

Robert E. Lindsay, Tax Division, Department of Justice, for plaintiff-appellee.

Before: B. FLETCHER, REINHARDT, Circuit Judges, and RESTANI, Chief International Trade Judge.


REINHARDT, Circuit Judge:

Martin P. and Nanja Rutherford, who were found guilty of two counts of tax evasion, appeal the district court's denial of their motion for a new trial on grounds of jury intimidation, tampering, and misconduct. They assert three errors on appeal. They first contend that the district court erred in concluding that jurors' statements that they discussed Mrs. Rutherford failure to testify at trial were inadmissible under Fed.R.Evid. 606(b)....

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