Brande

United States v. Brande

Good Law
296 F. Supp. 2d 1178·2003 WL 22998835·2003 U.S. Dist. LEXIS 22913
United States District Court, Central District of CaliforniaDecember 9, 2003SA CR 00-10 AHS, 01-50537, 01-50538California1,391 words

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.

At this hearing,…

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