United States v. Gregory Young, Jr.

MEMORANDUM

Gregory Thomas Young appeals his conviction. He assigns error to the district court’s denial of his motion for a mistrial following a jury trial that resulted in a hung verdict on Count 1, Assault with a Dangerous Weapon, and a guilty verdict on Count 2, Assault Resulting in Serious Bodily Injury. Young argues that the verdict is necessarily logically inconsistent because the evidence cannot simultaneously be insufficient on Count 1 and sufficient on Count 2; that prosecutorial misconduct and the court’s erroneous response to a jury question contributed to the inconsistent verdict; and that the court erred in failing to investigate alleged juror misconduct. We review a district court’s denial of a motion for a mistrial and its response to alleged juror misconduct for abuse of discretion. United States v. Banks, 514 F.3d 959, 973 (9th Cir.2008); United States v. Shryock, 342 F.3d 948, 973 (9th Cir.2003). Where a defendant raises an issue on appeal that was not raised at trial, we review for plain error. United States v. Olano, 507 U.S. 725, 730-36 , 113 S.Ct. 1770 , 123 L.Ed.2d 508 (1993). We affirm.

The verdict is not necessarily logically inconsistent. A hung count…