Brande
United States v. Brande
Opinion
Opinion
Stotler, J.
AMENDED ORDER ENTERING FINDINGS OF FACT FOLLOWING EVI-DENTIARY HEARING PURSUANT TO LIMITED REMAND
I.
INTRODUCTION
After a jury returned verdicts of guilty against Ruane Brande and Carmen Pharr, defendants were sentenced. Both sought appellate review to overturn their convictions on the basis that improper juror contact occurred between one juror and court personnel. After receiving evidence, presented both by stipulation and testimony, the Court finds that the purported contact did not occur and that the reopening of the case arose from a well-meaning but erroneous report by an FBI agent concerning a juror’s phone call regarding defendants’ sentencing.
II.
PROCEEDINGS IN THE TRIAL COURT
After defendants’ convictions on January 12, 2001, the sentencing hearing was set for April 16, 2001. Defendants obtained a continuance to June 4, 2001, after which the Court ordered a continuance to July 23, 2001, in order to obtain written statements from defendants regarding their sentencing positions in light of revised Presentence reports. On defendants’ application, the sentencing hearing was again continued, first to August 6, and finally to August 27, 2001.