United States v. Duwayne McCurdy

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NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.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. Duwayne MCCURDY, Defendant-Appellant. No. 92-30404. United States Court of Appeals, Ninth Circuit. Submitted Oct. 20, 1993. * Decided Oct. 29, 1993. Before: BEEZER, KOZINSKI and KLEINFELD, Circuit Judges. 1 MEMORANDUM ** 2 DuWayne McCurdy appeals pro se his conviction following jury trial for incest within the boundaries of an Indian reservation in violation of 18 U.S.C. § 1153 and Mont.Code Ann. 45-5-507. McCurdy contends the district court erred by: (1) denying his motion for judgment of acquittal based upon insufficiency of the evidence; (2) denying his motion for a new trial based upon improper closing argument by the prosecutor; and (3) denying his motion for a new trial based upon alleged systematic exclusion of Native Americans from the jury panel. In addition, McCurdy claims he was denied effective assistance of counsel. We have jurisdiction under 28…