United States v. Anson Humeumptewa

8 F.3d 31 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. UNITED STATES of America, Plaintiff-Appellee, v. Anson HUMEUMPTEWA, Defendant-Appellant. No. 93-10129. United States Court of Appeals, Ninth Circuit. Submitted Oct. 6, 1993. * Decided Oct. 20, 1993. Before: BEEZER, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 Anson Humeumptewa appeals his conviction, following a jury trial, for abusive sexual contact in violation of 18 U.S.C. §§ 1153 , 2244(a). Humeumptewa argues that the district court's Allen instruction impermissibly coerced the jury during its deliberations. 1 We have jurisdiction under 28 U.S.C. § 1291 , and we affirm. 3 We review for an abuse of discretion the district court's instructions to the jury. United States v. Cuozzo, 962 F.2d 945, 951 (9th Cir.), cert. denied, 113 S.Ct. 475 (1992) In reviewing an Allen instruction, "we consider whether the instruction, taken in its context, had a coercive effect." Id. We assess the…