United States v. Wayne Mounts

MEMORANDUM

Wayne Mounts and Gino Carlueei appeal from convictions relating to a money laundering scheme. Because the parties are familiar with the facts of this case, we do not recount them here. We have jurisdiction under 28 U.S.C. § 1291 and 18 U.S.C. § 3742 (a), and we affirm the district court’s rulings and judgment.

Sleeping Jurors

The issue of the district court’s handling of the first note about sleeping jurors is waived. See United States v. Perez, 116 F.3d 840, 845 (9th Cir.1997) (en banc). Defendants participated in discussions about how to respond and specifically objected to the district court’s suggestion to designate the jurors as alternates. Pursuant to those discussions, the district court agreed to take other steps to help the jurors stay alert.

The district court’s response to the second note was not plainly erroneous. “The trial judge has considerable discretion in determining whether to hold an investigative hearing on allegations of jury misconduct and in defining its nature and extent.” United States v. Barrett, 703 F.2d 1076 ; 1083 (9th Cir.1983). Under the facts here, defendants have not demonstrated that, based on controlling authority, it would…