United States v. Rex G. Endicott

After being convicted on various firearms charges, Rex Endicott appeals the district court’s denial of his motion for a new trial based on newly discovered evidence and on juror-witness contact. We have jurisdiction under 28 U.S.C. § 1291 .

I. Factual and Procedural Background

Endicott was a federally licensed firearms dealer. After a one-month jury trial, he was convicted of various firearms offenses. The principal government witness against Endicott was Mr. Dick Jones, a paid Bureau of Alcohol, Tobacco, and Firearms (ATF) civilian undercover agent. En-dicott illegally transferred a machine gun and two undocumented pistols to Jones; conversations between Jones and Endicott were surreptitiously tape recorded. United States v. Endicott, 803 F.2d 506, 508 (9th Cir.1986). Endicott also sold another machine gun to informant Alex Caine. Based on information gathered by Jones, a search warrant was obtained for Endicott’s home which also served as his place of business. A machine gun, other undocumented firearms, and a silencer were seized. Endicott, 803 F.2d at 508 .

Before trial, Endicott had filed a motion asking for details on any payments, promises, or inducements given to…