United States v. Gilbert Madrid Gerald Inouye Gordon Yabui Edwin Madamba

Gerald Inouye, Edwin Madamba, Gordon Yabui and Gilbert Madrid appeal their convictions under 18 U.S.C. §§ 1962 (c), 1962(d) and 1955 for illegal gambling and racketeering. Madamba appeals his conviction under 18 U.S.C. § 1951 for extortion. In-ouye and Yabui appeal their convictions under 18 U.S.C. § Í628 for making false material declarations before a grand jury.

Each appellant claims that an ex parte communication between a juror and court clerk requires a new trial and that erroneous jury instructions require reversal. We affirm.

I

During deliberations, two jurors left the jury room. One was crying. This juror sought and found a court clerk. The juror told the clerk that she had been “sworn at” by another juror. The offended juror, Mrs. Audriano, testified that the clerk, Mr. Sakai, instructed her to try to settle her differences with the other juror and thereafter to resume deliberations.

The district court found that the clerk did not place any time limit on jury deliberations, that he did not tell the juror that he brought a message from the judge, that he did not urge the juror either to vote guilty, or alternatively, to vote not guilty, that he did not tell the juror…