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UNITED STATES v. BERGER

Nos. 04-50469, 04-50530.

473 F.3d 1080 (2007)

UNITED STATES of America, Plaintiff-Appellee, v. Richard I. BERGER, Defendant-Appellant. United States of America, Plaintiff-Appellant, v. Richard I. Berger, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed January 18, 2007.

Attorney(s) appearing for the Case

Michael R. Doyen, Munger, Tolles & Olson LLP, Los Angeles, CA, for the defendant-appellant-appellee.

Paul G. Stern, Assistant United States Attorney, Los Angeles, CA, for the plaintiff-appellee-appellant.

Before HARRY PREGERSON and EDWARD LEAVY, Circuit Judges, and RALPH R. BEISTLINE, District Judge.

PREGERSON, Circuit Judge.

Defendant Richard I. Berger appeals his conviction of twelve counts of conspiracy, loan fraud, falsifying corporate books, and various securities fraud violations. Berger argues that: (1) the district court improperly coerced the jury into reaching a verdict, (2) the district court violated his constitutional right to be present during trial when the district court — with counsel's consent — made certain comments at an informal...

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