United States v. Dwayne Straub

MEMORANDUM

This is defendant’s third appeal to this panel. In defendant’s second appeal, he expressly sought “remand for trial on Counts 1, 3, 4, 5, and 6.” United Staten v. Straub, 538 F.3d 1147, 1164 (9th Cir.2008). In an opinion filed August 15, 2008, we remanded to the district court on Counts 3 and 4 and “affirm[ed] the convictions as to Counts 1, 5, and 6,” id. at 1166 , explaining that defendant did “not articúlate! ] any specific reasons why ... the jury would not have convicted on Counts 1, 5, and 6” even if the error at defendant’s first trial had been remediated, id. at 1164 . The government has since dismissed Counts 3 and 4, and defendant now appeals the district court’s refusal to grant defendant a new trial on Counts 1, 5, and 6. We affirm.

“We have repeatedly held, in both civil and criminal cases, that a district court is limited by this court’s remand in situations where the scope of the remand is clear.” United States v. Thrasher, 483 F.3d 977, 982 (9th Cir.2007) (quotation marks, brackets, and citations omitted). The scope of our August 2008 remand was clearly limited to Counts 3 and 4. The district court was therefore “precluded ... from considering”…