United States v. Rayfield Dupree

9 F.3d 1554 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Rayfield DUPREE, Defendant-Appellant. No. 92-30272. United States Court of Appeals, Ninth Circuit. Argued and Submitted Nov. 1, 1993. Decided Nov. 4, 1993. Before: WRIGHT, GOODWIN and HUG, Circuit Judges. 1 MEMORANDUM * 2 Rayfield Dupree appeals his convictions for two counts of possession of hydromorphone with intent to distribute, conspiracy to distribute and possess the drug with intent to distribute, and distribution of it. He was originally sentenced by Judge Kleinfeld in 1988. His sentence was vacated and reimposed by Judge Fitzgerald in 1992, under 28 U.S.C. § 2255 for ineffective of counsel in failing to appeal Dupree's conviction as requested. See Rosinski v. United States, 459 F.2d 59 (6th Cir.1972). The underlying facts are not in dispute. We affirm. 3 Trial courts have broad discretion in considering motions for new trial based on juror misconduct.…